Can You Make A Serious Injury Claim For Deafness Or Hearing Loss?

Any injury that affects your senses can have a devastating impact on your daily life. In this guide, we explain when you could make a serious injury claim for deafness or hearing loss sustained in an accident caused by a third party that has responsibility for your well-being.

We’ll begin by setting out the eligibility criteria for personal injury claims relating to deafness and provide an example case study to demonstrate how the claims process works.

Then we’ll review how compensation for deafness or hearing loss in a personal injury claim is calculated. Toward the end of the guide, you’ll read about the time limits that apply when claiming for deafness.

Serious Injury Claim For Deafness Or Hearing Loss

Serious Injury Claim For Deafness Or Hearing Loss

Finally, you’ll read how a specialist solicitor from our panel could offer to help you claim on a No Win No Fee basis if you have a valid claim.

We offer a no-obligation consultation for any hearing loss claims. To arrange yours, you can:

Please read on for more on how to claim a compensation payout for damage to the senses, or get in touch if you have any questions.

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Can You Make A Serious Injury Claim For Deafness Or Hearing Loss?

You could be entitled to claim compensation if you’ve been diagnosed with deafness, partial deafness, or tinnitus due to an accident for which a third party is liable. In different areas of everyday life, there are third parties that owe a duty of care to others. Showing if that third party breached the duty of care that they owe is crucial for the foundation of a personal injury claim.

The criteria that you’ll need to meet to make a personal injury claim are as follows:

  • The defendant in your case owed you a duty of care when your accident happened.
  • The accident (or incident) occurred because the defendant breached their duty of care; and
  • As a direct consequence, you have suffered some form of hearing loss or deafness.

We’ve provided some examples of how a duty of care could be established following an accident in a public place,  a road traffic accident or an accident at work in the following sections.

If you believe you have a valid claim for deafness or hearing loss, why not call our team for free advice about your options?

Accidents In A Public Place

The Occupiers’ Liability Act 1957 requires those responsible for public spaces to ensure the reasonable safety of visitors who use the space for its intended purpose.

As an example: The occupier of a shopping centre fails to have the safety railing on the second-floor walkway fixed. A shopper could lean on the railings, it give way, and they fall from the second floor sustaining a head injury for which they lose their hearing.

Accidents At Work

While you’re working, your employer has a duty of care to protect your well-being. This duty is established by the Health and Safety at Work Act etc 1974. They must take all reasonable and practicable steps to keep you safe when you are working.

As such, if you’ve suffered a work-related injury because your employer breached their duty of care, a claim might be possible.

For example: An employee in a factory is left deaf when a machine that has been reported as faulty is not fixed and explodes when another employee uses it.

Road Traffic Accidents

All road users owe one another a duty of care when using the roads to navigate them in a way that prevents harm or damage to themselves and others. To comply with this duty, they must adhere to the Road Traffic Act 1988 and the Highway Code.

As a result, you may be entitled to make a road traffic accident claim if another driver’s breach of duty has caused you to suffer.

For example: A passenger is involved in a 3 vehicle pile up that causes all the airbags to go off. Due to the loud noise, they lose their hearing permanently.

Case Study: £1 Million Payout In Deafness Claim

We have provided this example case study so you can see why a deafness claim might be possible and how the personal injury claims process works.

Mrs Williams was riding her bike to work when she was hit by a car that was driving at 50mph on a 30mph road. Although she was wearing a safety helmet, Mrs Williams suffered serious head injuries that resulted in permanent deafness. She also suffered from broken vertebrae and needed to learn how to walk again.

After seeking legal advice, Mrs Williams pursued a personal injury claim against the driver. Once their insurers had accepted liability, Mrs Williams was awarded just over £1 million in compensation.

This settlement covered the physical pain and suffering caused by her injuries, her loss of amenity as well as loss of earnings and future loss of earnings as she was unable to return to her employment, care costs while she recovered, home adaptations and other expenses. The settlement also took into account that Mrs Williams was no longer able to enjoy her lifelong passion for playing the clarinet in an orchestra.

How Much Compensation Could You Receive When Claiming For Deafness?

Each claim for deafness or hearing loss is different, and as such, compensation levels will vary.

If your claim is successful, it will be based on two heads of loss. The first, general damages, covers any pain, suffering or loss of amenity caused by physical or psychological injuries.

Therefore, when you claim for hearing loss, the extent of your injuries will need to be independently verified. You will attend a medical assessment to help calculate how much compensation you might be entitled to. That, along with the compensation guidelines found in the Judicial College Guidelines (JCG), will be used to value the general damages head of your claim.

The JCG includes guideline amounts for hearing loss injuries. The table below shows the most recent JCG amounts for deafness. Please note, however, that these figures cannot be guaranteed as settlements can vary greatly.

Compensation Table

Injury Type Category / Notes Compensation Guidelines
Serious Deafness or Hearing Loss with other multiple serious injuries Compensation to cover physical suffering plus special damages including future lost earnings linked to deafness or hearing loss. Up to £1,000,000 +
Deafness/Hearing Loss (a) Total deafness and loss of speech. £109,650 – £140,660
(b) Total deafness. £97,750 – £109,650
(c) Complete hearing loss in one ear. £31,310 – £45,540
(d)(i) Severe tinnitus plus other complications. £29,710 – £45,540
(d)(ii) Severe tinnitus alone. £14,900 – £29,710
(d)(iii) Some NIHL with mild tinnitus. £12,590 – £14,900
(d)(iv) Mild NIHL or tinnitus. Around £11,720
(d)(v) Slight NIHL with occasional tinnitus. £7,360 to £12,590
Loss of Earnings If you needed time off work or could work no longer due to your injury you could be entitled to loss of earnings and future loss of earnings. Up to £100,000+

Our ear damage compensation calculator may also be helpful.

Special Damages In Serious Injury Claims

The second head of loss, special damages, allows you to claim for any costs linked to your injuries. Therefore, if you make a successful claim for deafness or hearing loss, your payout could cover:

  • Loss of earnings and future lost income.
  • Care costs.
  • Travel expenses.
  • Medical costs.
  • The cost of hearing aids or devices.

You will need evidence of any costs you claim for so you should keep hold of any bank statements, wage slips or receipts to support your case.

If you’d like to check how much you might be entitled to in a serious injury claim for deafness, why not speak to our team today?

Is There A Time Limit When Claiming Serious Injury Compensation?

The Limitation Act 1980 sets a general 3-year time limit for personal injury claims. The time limit begins from the date of the accident that caused your deafness or hearing loss. However, if you are under the age of 18 or have reduced mental capacity, the time limit will be paused.

To find out what the exceptions are to the time limit or to find out how long you have left to claim for deafness or hearing loss, please call the number above today.

Claim For Deafness On A No Win No Fee Basis

Taking on a hearing loss claim can be a complex and challenging process. You may find the process much easier and less stressful if a specialist solicitor supports you.

A solicitor from our panel could provide a No Win No Fee service for any claim they take on. To do this, they use a specific No Win No Fee contract called a Conditional Fee Agreement (CFA).

The CFA means that:

  • You do not need to pay for your solicitor’s services upfront, during the claims process, or if the claim is lost.
  • Your solicitor will deduct a success fee from your compensation if your claim is won. Success fees are taken as a percentage and are legally capped when using a CFA, ensuring that you receive the majority of any compensation payout.

To see if you have a valid claim for deafness or hearing loss and whether a solicitor from our panel could represent you, you can:

Learn More About Making A Claim For Deafness Or Hearing Loss

Here are some more guides that might prove useful:

Finally, the following external links may also be helpful:

If you’d like to make a serious injury claim for deafness or hearing loss, please speak with a member of our team.