By Cat Mulligan. Last Updated 24th August 2023. In this guide, we will provide information on making a personal injury claim to receive compensation for ear damage. There are various ways you may have sustained an ear injury such as in an accident at work, a road traffic accident or an accident in a public place. However, in order to seek compensation, you must be able to prove someone acted negligently.
This guide will help you understand whether you’re eligible to pursue a claim by providing examples of accidents that someone else’s negligence could have caused.
Additionally, we understand you may wish to seek legal representation but are unsure of the cost it could pose. If that’s the case, we have an option you may benefit from. Our panel of solicitors offer No Win No Fee arrangements which means you won’t need to pay a fee upfront.
If you’d like to learn more about the services our panel of solicitors offer, please get in touch by:
- Calling us on 0800 408 7825
- Using the live chat function located at the bottom of your screen
- Filling out our online contact form.
Select A Section
- What Is An Ear Damage Compensation Claim?
- What Could Cause Ear Injuries?
- How Could Your Ear Be Damaged?
- Treating Ear Injuries
- Evidence For An Ear Damage Compensation Claim
- How Long Do I Have To Start An Ear Injury Claim?
- Compensation For Hearing Loss
- Start Your No Win No Fee Ear Damage Compensation Claim
- Helpful Resources
There are various types of ear damage including:
- Perforated eardrum
- Loss of an ear
- Ear infection
It’s important to note that not all ear injuries sustained in accidents could result in a claim. A valid personal injury claim must be able to demonstrate negligence which involves:
- Someone owing you a duty of care
- Someone breaching the duty of care they owed you
- You suffering physical harm or psychological damage as a result.
For more information on whether you’re eligible to seek ear damage compensation, please get in touch using the details at the top of the page.
Ear injuries and ear damage can occur in various types of accidents, such as:
- Road traffic accidents
- Workplace accidents
- Accidents in a public place
In some cases, these incidents could occur through no fault of anyone else’s. However, if you cannot prove that someone else breached the duty of care they owed you, you will not be able to claim ear damage compensation.
There are various places where you may have been owed a duty of care. For example:
- The Health and Safety at Work etc. Act 1974 states that all employers must take all reasonable steps to ensure their employees are kept safe from harm. Failure to do so could result in accidents that cause harm.
- The Occupiers’ Liability Act 1957 states that the person in control of a public space must do everything they reasonably can to prevent members of the public from experiencing harm. Failure to do so could lead to accidents that cause a member of the public to sustain an injury.
- All road users have a duty of care to one another to take all reasonable actions to ensure those navigating the roads are kept safe from harm. There are rules and guidelines for all road users to follow in the Highway Code.
If you have evidence that someone failed to uphold the duty of care they owed you, please get in touch with our team.
There are various ways someone else’s negligence could cause you to sustain damage to your ear. Some examples might include:
- A learner driver may have failed to stop at a set of traffic lights resulting in them knocking you over while you were crossing the road. Due to the high impact at which you were hit, you may have sustained serious damage to your eardrum.
- You may have experienced an ear fracture, amongst other minor injuries, after a slip, trip or fall on a spill that hadn’t been signposted in a supermarket.
If you would like to discuss your potential claim to find out whether you’re eligible to seek ear damage compensation, call the number above.
The treatment you receive for your ear injury will vary depending on the damage sustained. For example, according to the NHS, hearing loss treatment could include:
- Medication for an infection
- Ear drops to help with a wax build-up
- Hearing aids or implants
However, for a perforated eardrum, the NHS suggests that surgery may be required.
If you have an injury to your ear, you should seek medical attention. A medical professional will be able to provide more information on the treatment you will receive.
When making a personal injury claim, you will need to submit evidence that proves your ear injury occurred when a duty of care owed to you was breached.
Examples of evidence that could be submitted to help support your personal injury claim include:
- Video footage of the accident, such as CCTV footage.
- A dairy stating your ear damage symptoms and how they affect your daily life.
- A copy of your medical records that state the severity of your injury and any treatment you required.
- The contact details of any witnesses to the accident. They could be contacted later to give a statement.
In addition to collecting sufficient evidence, you will need to start your claim within the relevant time limit. This is generally three years from the date you suffered your injury.
However, there are certain exceptions to this time limit. This includes:
- Those who lack the mental capacity to start proceedings for themselves. The time limit is suspended indefinitely. During this time, a litigation friend could be appointed by the court to claim on their behalf. However, if they regain this capacity and a claim has not been started for them, they will have three years from the date of recovery to start a claim.
- Those under the age of 18. The time limit is paused until they turn 18. While the time limit is paused, a litigation friend could claim on their behalf. If they reach their 18th birthday and a claim has not been started, they will have three years from that date to start one.
Get in touch with our advisors to discuss your potential personal injury claim. One of our advisors could inform you whether you have enough time to start your claim. Additionally, they may connect you with one of the solicitors on our panel who could help you with your case.
You may be wondering how much compensation you could receive for hearing loss or tinnitus. A claim calculator or similar tools can help give you a broad idea, but compensation for hearing loss is calculated on a case-by-case basis. Because of this, a calculator will not be able to give you a valid estimate, as it won’t be able to take your individual circumstances into account.
Generally, loss of hearing compensation can be made of up to two heads. These are general damages and special damages. General damages are awarded to all successful claimants, and is aimed at compensating you for your injuries and the effect they have on your life.
Often, solicitors and legal professionals who value this head of claim will refer to the Judicial College Guidelines (JCG). This is a document that provides a list of physical and mental injuries besides guideline compensation amounts. Below, you can find some examples of the guidelines found in the 16th edition of the JCG as they may relate to hearing loss.
|The award will be impacted by whether the claimant suffers a speech deficit or tinnitus.
|£90,750 to £109,650
|Total Hearing Loss In One Ear
|The award will be impacted by whether the claimant suffers associated tinnitus, dizziness or headaches.
|£31,310 to £45,540
|Tinnitus – Moderate to Severe (ii)
|In this bracket, the injured party suffers with moderate to severe tinnitus.
|£14,900 to £29,710
|Tinnitus – Mild (iv)
|In this bracket, the claimant suffers with mild tinnitus.
|Tinnitus – Slight (vi)
|In this bracket, the claimant suffers slight tinnitus.
|Up to £7,010
|Post Traumatic Stress Disorder (PTSD) – Moderate
|In this bracket, the injured party may experience some continuing symptoms. However, these are not grossly disabling.
|£8,180 to £23,150
|Psychological Damage – Moderate
|In this bracket, the injured party has experienced problems coping in life and with personal relationships. However, there has been a marked improvement by the time of the proceedings and the prognosis is good.
|£5,860 to £19,070
|Facial Scarring – Less Significant
|In this bracket, the claimant may have one or many very small scars. However, the overall effect is a marred appearance with a mental reaction no greater than an ordinarily sensitive person.
|£3,950 to £13,740
|Facial Scarring – Trivial
|The claimant suffers with facial scarring that have only a minor effect.
|£1,710 to £3,530
Special damages is aimed towards the financial losses you suffer as a result of your hearing loss. For example, this head could cover the cost of hearing aids or a cochlear implant, as well as lost earnings, childcare, and travel.
For more information on claiming personal injury compensation, contact our team of advisors today.
A solicitor from our panel could help you seek ear damage compensation by offering No Win No Fee services, such as a Conditional Fee Agreement (CFA). This type of agreement means there are no upfront fees and no ongoing fees to pay whilst your claim is ongoing.
If your claim is successful, payment will be deducted from your compensation in the form of a success fee. This fee is legally capped and is something your solicitor will discuss with you before they begin working on your case.
However, if your claim fails, no success fee will be paid to your solicitor.
If this is an option you would like to consider, get in touch. An advisor could assess whether your case has a strong chance of succeeding. If it does, they could assign a solicitor to represent you on a No Win No Fee basis.
Alternatively, if you would like more information before starting your claim, you can get in touch by:
- Calling us on 0800 408 7825
- Chatting with an advisor via the live chat feature below
- Filling out our online contact form.
Below, we have provided some additional resources that you may find beneficial.
- £10,000 Compensation Payout For A Minor Eye Injury
- £49,600 Compensation Payout For Damage To Senses
- Can I Be Sacked for Having An Accident At Work?
- NHS – Conditions
- GOV – Request CCTV Footage
- HSE – Workplace Accident Statistics
We hope this guide on seeking ear damage compensation has helped. However, if you have any additional questions, you can call our team using the number at the top of the page.