This guide will take you through the process of making a serious injury claim for deafness. If you suffered hearing loss, either partially or fully, temporarily or permanently, in an accident at work, on the roads or in public that was caused by a third party not upholding the duty of care they owed you, you might wonder whether you can seek compensation. Throughout this guide, we discuss the eligibility requirements that need to be met in order for you to have valid grounds to do so. We also look at the evidence you could supply to substantiate your case and how personal injury compensation settlements are calculated.
Further on in our guide, we discuss the different pieces of legislation that outline the duty of care certain parties have, including employers, occupiers, and road users. We move on to some examples of how this duty might be breached leading to an accident that could lead to you suffering loss of hearing. Following this, we provide an example case study to illustrate the different steps you might need to take when seeking compensation for a serious injury.
In the final section, we discuss how a personal injury solicitor could help you and the benefits of instructing a solicitor who offers their services under No Win No Fee terms.
At Personal Injury Claims Care, our advisors offer a free case check of eligibility and are able to connect you to an experienced solicitor from our panel if you have valid grounds to proceed. To find out more, please get in touch using the contact details below:
- Call on 0113 460 1216
- Find out about making a claim online.
- Speak with an advisor via the live chat feature below.
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- Making A Serious Injury Claim For Deafness Or Hearing Loss
- How Do You Make A Serious Injury Claim For Deafness Or Hearing Loss?
- Case Study: £700,000 Payout When Making A Claim For Hearing Loss
- Calculating Compensation In A Claim For Deafness
- Use A No Win No Fee Solicitor To Claim For Hearing Loss
- Read More About Making A Deafness Claim
A personal injury claim needs to fulfil three criteria in order to be considered valid:
- A third party owed you a duty of care.
- They breached their duty.
- This breach caused you to sustain physical and/or mental harm.
In addition to this, a statutory time limit of three years applies to starting a claim for a personal injury. This is outlined in the Limitation Act 1980 and generally starts from the accident date. Exceptions to this time limit can apply so please speak to an advisor if you have questions or concerns.
The sections below discuss the duty of care different third parties owe and the legislation they need to adhere to. You can also find examples of how an accident could cause you to experience hearing loss, either partially or fully.
Accidents In A Public Place
Those in charge of public spaces are called occupiers and under the Occupiers’ Liability Act 1957 they have a duty of care to take steps to ensure the reasonable safety of visitors.
A failure to uphold this duty could lead to an accident in a public place that causes deafness. For example, there may be a faulty panel or railing on the top floor of a supermarket that was reported but not fixed or signposted in a reasonable time frame. As a result, a customer falls from a height and sustains brain damage which leads to permanent hearing loss.
A failure to do so could lead to a serious accident at work in which you sustain hearing loss. For example, your employer has failed to have machinery maintained. A large industrial machine is left in a state of disrepair and malfunctions, causing a loud explosion that causes you to lose your hearing.
Road Traffic Accidents
A duty of care applies to road users whilst on the roads. They must adhere to the Road Traffic Act 1988 and the Highway Code to uphold this duty which requires them to use the roads in a way that prevents harm or damage to themselves and others.
If there is a failure to do so, it could lead to a serious car accident which causes you to suffer deafness and tinnitus. For example, another driver who operates their vehicle under the influence of alcohol crashes into you head-on. The impact causes the air bag to eject resulting in a loud noise that affects your hearing.
Each accident scenario will differ and not all accidents leading to hearing loss will form the basis of a valid claim for deafness. To find out if you are eligible, please call an advisor on the number above.
Evidence can help support your claim for deafness by proving that a third party failed to uphold their duty of care, and that this resulted in your subsequent hearing loss.
Examples of the steps you could take to gather sufficient evidence include:
- Collect any CCTV and dashcam footage clearly showing your accident.
- Request copies of medical records, such as test results and doctor reports.
- Collect witness contact details so that they can provide a statement at a later date.
- Keep a diary that details symptoms, treatments and your physical and mental state following the accident.
- Take photos of the accident site.
The experienced serious injury solicitors from our panel could assist you in building your case. After a free case assessment conducted by one of our advisors, you could be connected with a solicitor if you have eligible grounds to proceed and wish to seek legal representation. To find out more, please contact an advisor on the number above.
The following case study is figurative and intended only to give an idea of the claims process.
Mrs Black, a piano teacher, was driving home one evening when another driver crashed into the side of her vehicle after failing to check it was safe to change lanes. As a result, she sustained serious brain damage which caused permanent hearing loss.
Mrs Black was unable to return to work, and she suffered psychological harm due to the overall impact on her quality of life. Her family decided to seek legal advice from a serious injury solicitor who helped them make a claim for deafness on her behalf. The solicitor helped them gather a solid body of evidence, including dashcam footage, witness statements, and medical records.
Mrs Black was awarded a £700,000 settlement comprising of compensation for the impact the deafness had on her quality of life, and the financial losses she suffered as a result.
To discuss your specific circumstances, and find out whether you’re eligible to claim for a serious injury, please contact an advisor on the number above.
Following a successful claim for deafness, you could be awarded a compensation payout comprising up to two heads of loss. The first is general damages which compensates for the physical and psychological impacts of the injury.
To apply a value to general damages, legal professionals can refer to medical evidence and the Judicial College Guidelines (JCG). The JCG contains guideline valuation brackets for different types of harm.
Guideline Award Brackets
You can find an excerpt of the JCG below, but please bear in mind they are not guaranteed compensation amounts as each case will be valued according to individual circumstances.
|Injury||Severity Level||Compensation Brackets (Guidelines)||Additional Notes|
|Multiple Injuries||Serious||Up to £1 million plus.||Compensation for a combination of multiple serious injuries and financial losses incurred as a result.|
|Brain Damage||Very Severe||£282,010 to £403,990||The need for nursing care on a full-time basis with the person showing little evidence of a meaningful response to their environment. The award will depend on factors such as sensory impairment.|
|Moderate (i)||£150,110 to £219,070||A deficit of intellect which is moderate to severe with an effect on the senses.|
|Deafness/Tinnitus||Complete Deafness and Loss of Speech||£109,650 to £140,660||Cases where deafness has occurred at an early age and seriously affected or prevented the development of normal speech.|
|Complete Deafness||£90,750 to £109,650||The higher end of the bracket is relevant where there has been speech deficit and tinnitus.|
|Hearing Loss in One Ear||£31,310 to £45,540||The higher end of the bracket will be relevant where there has been associated problems, such as tinnitus, dizziness, or headaches.|
|Partial Hearing Loss and/or Tinnitus||£29,710 to £45,540||Cases of severe tinnitus.|
|Special Damages||Loss of Earnings||Up to £100,000 plus.||Reflects compensation for loss of current and future earnings incurred due to time taken off work for injuries.|
Claiming Special Damages As Part Of Your Serious Injury Compensation
The second head of loss is special damages which compensates for the financial losses and monetary expenses caused by the injuries. It is essential that you present documentation to prove these amounts, such as receipts, invoices and wage slips. If you have evidence to substantiate your loss, you could receive compensation that reimburses:
- Proof of lost and future earnings incurred due to time taken off work, either permanently or temporarily.
- Medical costs, such as for prescriptions you have had to pay for, or hearing aids.
- Travel expenses, such as the cost of taxis to and from medical appointments.
Contact our team to discuss whether you could be eligible to make a serious injury claim for deafness and what your payout could consist of if you succeed.
Our panel of solicitors have experience handling serious injury claims and could help you with the following:
- Collecting evidence
- Valuing your claim
- Presenting your case in full within the relevant time limit
- Sending correspondence on your behalf
They are able to offer these services and more under a type of No Win No Fee contract called a Conditional Fee Agreement (CFA) which offers several advantages. Firstly, you will not be required to pay any costs upfront for the solicitor to begin working on your case. You also won’t be required to pay any fees for their continued work as your case proceeds. Finally, no fees will be taken for their work if your case has an unsuccessful outcome.
If your claim wins, the solicitor takes a percentage from the compensation as their success fee. The Conditional Fee Agreements Order 2013 applies a cap to this amount as a way of making sure you always benefit the most.
Why not get in touch with advisors to discuss your potential claim for deafness? Getting in touch carries no obligation to proceed with a solicitor from our panel. However, if you do wish to work with them, and you have a valid claim, you could be connected. To find out more, you can:
Below are some other guides from our website to help:
- Find out how compensation payouts for head injury claims are calculated.
- Discover whether you could make a claim following an accident in a shopping centre and the compensation that could be awarded if you succeed.
- Learn what to do after you sustain an eye injury at work including whether you could make a personal injury claim.
Also, these external resources might be useful:
- Information on hearing loss from the NHS.
- Guidance on Statutory Sick Pay from GOV.UK.
- Information on how to request traffic camera footage from National Highways.
Thank you for reading our guide on how to claim for deafness. If we can assist in any other way, please do not hesitate to get in touch.