If you suffer damage to the senses, it could greatly alter how you live your life. We use our senses on a regular basis, and loss of them can have an impact in so many ways. But it can feel even harder to handle when this occurs due to an accident for which somebody else was responsible.
If that applies to you, then this guide is just the thing for you. That’s because we’re covering everything of relevance with regards to claiming compensation for this particular injury. And that includes us detailing an illustrative case study where someone suffering from an injury of this nature receives a compensation settlement.
At this point, you can click the list of headings below to visit a particular section. Alternatively, you may wish to speak to our helpful team today. Get in touch today for some free advice on your options. Your case can be assessed for free and you can receive answers to your questions. To do this, you can either telephone 0161 696 9685, fill out our contact form or use our Live Chat.
Choose A Section
- A Guide To Claiming Compensation Payouts For Damage To Senses
- What Is Damage To Senses?
- How Can You Suffer Damage To Senses At Work?
- Damage To Senses In A Public Place
- How Can You Suffer Damage To Senses In A Road Traffic Accident?
- Let’s Make Personal Injury Compensation Calculations Easy
- What Are Special Damages?
- Case Study: £60,000 For Damage To Senses
- Our Expert Free Legal Advice Can Help Value Your Lump Sum
- A Brief Look At No Win No Fee Policies
- Your Professional Free Legal Advice Is Waiting
- More Resources And Guides On Damage To Senses
- Damage To Senses FAQs
In this guide on claiming compensation for damage to the senses, we’ll look at this kind of injury in detail. This means we will examine the kinds of accident that might result in this kind of injury as well as the symptoms you might experience.
An important part of making a compensation claim for personal injury is understanding the responsibility that others have for your safety in different circumstances. We’ll look at the duty of care owed to you while you’re in public, on the road and in the workplace.
This guide will then take a closer look at what compensation claims are designed to cover. We will examine the two heads of claim that make up a typical compensation award. We’ll go on to look at how these different heads of claim are calculated.
Having looked at the case study, we then take a closer look at the benefits that a No Win No Fee agreement can offer. Finally, we will provide some external links and take a look at some questions that those who suffer damage to their senses regularly ask.
Personal Injury Claims Time Limit
Generally, there is a 3-year time limit on personal injury compensation claims. This time limit runs either from the date of the accident or the date of knowledge. The date of knowledge is the date that you were aware (or should have been aware) that the injuries you suffered from were the result of negligence.
There are some exceptions to this time limit. For instance, if you were injured while under the age of 18, then a litigation friend can claim for you while you’re still underage. When you turn 18, you then have until your 21st birthday to claim.
Damage to senses, or sensory loss, is the term for a loss of senses within the body. We have 5 main senses. They include; sight, hearing, taste, touch and smell.
If you’ve suffered an injury that has caused reduction or loss to one or more senses, then you may notice that you’re experiencing other symptoms. These can include headaches and some memory loss.
The treatments for sensory loss will vary depending on a number of factors and the severity of the sensory loss being experienced. For instance, a cochlear implant uses electrical signals to directly stimulate the auditory nerve, which can help those who have suffered from hearing loss. Additionally, cataract surgery can help someone whose vision is impaired by cataracts. However, neither of these treatments will be appropriate for everyone with hearing or vision loss.
Sometimes, there may not be any treatment available when someone has lost the use of one or more senses. This can seem very unfair, especially if the accident was caused by the negligence of a third party. Get in touch with us for more information on claiming for an accident that wasn’t your fault.
In order to make a claim for personal injury compensation, your case needs to satisfy the following criteria:
- You were owed a duty of care
- This duty of care was breached, resulting in an accident
- The accident caused you to be injured.
If you can show that the criteria above were met, then you may have grounds to make a personal injury claim for compensation.
The Health and Safety at Work etc. Act 1974 (HASAWA) outlines the duty of care owed by an employer to those who work for them. It shows the responsibility that an employer has to keep their employees safe and free from harm. They should do this by providing proper training and PPE, maintaining good housekeeping and carrying out regular risk assessments, among other things.
If the employer fails to adhere to the standards set out in the HASAWA, and an employee is injured as a result, then they may be able to make a claim. Get in touch with our team today if you have any further questions.
If an accident in a public place happens, this could be a breach of duty as set out in the Occupiers’ Liability Act 1957 (OLA). This outlines the responsibilities owed by those in control of public spaces to those that use them.
The “occupier”, as referred to in the OLA, should be someone who could have reasonably been expected that an accident could have taken place. It should also be someone who has sufficient control over the space to remove the hazard. It’s also expected that the occupier of a public space clearly signposts any potential hazards which cannot be reduced or removed, such as steep stairs or low ceilings.
For instance, someone may be injured in a restaurant when they hit their head on a low ceiling on the way down to the toilet. While it is unreasonable to expect that the issue with the ceiling could have been rectified, it’s the occupier’s responsibility to put warning signs up indicating the hazard to others. Failure to do so, which results in injury, could lead someone to make a compensation claim.
It’s also possible that a road traffic accident (RTA) could cause damage to the senses. A serious crash could easily impair or reduce a persons’ senses.
An RTA could come about as a result of the Highway Code being breached. The Highway Code outlines the expectation for road users to act in a way that keeps everyone on the road safe. Everyone on the road is expected to adhere to the standards of skill and care of a standard motorist. There are no allowances made for drivers who are inexperienced.
If you’ve been injured in an accident that wasn’t your fault, then you may be able to make a claim for compensation. Speak to a member of our team today to find out more.
When you make a claim for personal injury compensation, your settlement amount will be made up of two heads of claim. These are referred to as general damages and special damages.
General damages is the part of your claim which compensates you for the pain and inconvenience that your injuries have caused you. In order to calculate the general damages head of your claim, you’ll be asked to attend a medical appointment. Here, an independent expert will look at your injuries and the impact they have had on your quality of life. This ensures that the extent of all your injuries is fully accounted for in your payment.
Then, they will compile a medical report which will be sent to different parties included in your claim. The Judicial College Guidelines may be used to put a figure onto your suffering. These are guideline compensation awards for different injuries of varying severities.
For information on the special damages head of your claim, please read on.
Special damages is the part of your compensation that covers any out-of-pocket expenses that you’ve incurred directly because of your injuries. These can include, but are not limited to:
- Loss of earnings
- Cost of medical treatments not available on the NHS
- Public transport costs if you cannot drive due to your injuries
- The cost of fuel and parking to get to and from medical appointments
- The cost of in-home adaptations for severe and long-lasting injuries
In order for expenses to be included in special damages, you need to be able to provide proof. For this reason, it’s a good idea to keep records such as receipts, bills and invoices to support your claim.
Miss Roman, 34, worked as a driving instructor. In her spare time, she enjoyed singing and performing with her guitar at local bars and clubs.
One evening, Miss Roman was driving on her way to a gig. She was travelling along the main road and so had the right of way. However, another vehicle was not paying attention when emerging from a side road and crashed into the side of her car. The force of the crash caused Miss Roman’s car to spin around, and she collided with a railing. Her head hit the steering wheel and driver’s side window with some force, and she lost consciousness.
The next thing Miss Roman knew, she was waking up in a hospital bed. She was upset and confused and asked the doctor how badly she’d been injured. She knew straight away that her right eye had been affected and she could not see clearly from it. An MRI scan confirmed that she had sustained some less severe brain damage. A doctor confirmed that she’d probably suffer some side effects from this but wasn’t yet able to confirm how she’d be affected.
Miss Roman’s recovery
In the aftermath of the accident, Miss Roman found that she had some persisting problems with her memory and concentration because of her brain injury. She had previously loved to cook and eat out at restaurants.
She had to take many months away from work until she knew the final prognosis of her eye damage. Due to the reduction in sight she could not be a driving instructor any longer. Miss Roman had to retrain in a new profession
Eventually, Miss Roman was fit to return to work. She was also upset to find that the guitar, laptop and amplifier that she had had in the car that day were damaged beyond repair.
How much compensation was paid?
Because of the impact that her injuries had on her and the financial loss that the accident had caused, Miss Roman decided to pursue legal advice about making a claim for liability. Due to the nature of the accident and the presence of CCTV, there was no dispute over liability.
Miss Roman was awarded £60,000 in compensation. This is broken down in the tables below.
|Type Of Damages
|Special Damages – Lost Earnings
|Lost earnings from being unable to work
|Special Damages – Damage to property
|The cost of replacing the guitar, amp and laptop that was damaged in the crash
|Special Damages – Transport Costs
|Costs of fuel and parking getting to and from medical appointments
|Special Damages – private eye care
|Costs of private eye care
|Special Damages – retrain
|Costs of retraining for another profession. Costs of training related to the skills she would need to return to work
|General Damages – Reduced sight in one eye.
|General Damages – Minor Brain or Head Injury
Note: This is only a hypothetical scenario for usage in this guide only.
Having read our example case study about damage to the senses, you may still have some questions about certain aspects of the claims process. Because of this, we provide a free consultation.
This means that any questions you have can be answered, and any concerns you have about the claims process can be addressed. Furthermore, there’s no obligation for you to use any of our services just because you have gotten in touch.
You may notice that there is a range of websites offering personal injury claims calculators. We could offer a more accurate claim valuation service than can be achieved by these online tools. This is because we collect all the information needed to see how much you could be owed. So if you’re wondering how much compensation you could be owed, speak to a member of our team today.
The term “No Win No Fee” is one that’s used a great deal in relation to legal representation for personal injury claims. But what does it actually mean?
A No Win No Fee agreement is a contract between you and your solicitor, the terms of which are agreed before the claim begins. Sometimes referred to as a Conditional Fee Agreement (CFA), this contract outlines the criteria that must be fulfilled in order for your solicitor to receive payment.
Under a CFA, the following conditions are set in place:
- You won’t be asked to pay your solicitor a thing before they start working on your claim or while your claim is ongoing.
- If your claim is unsuccessful, your solicitor won’t ask you to cover their fees.
- In the event that your claim succeeds, your solicitor will deduct their fees from your compensation in a “success fee”.
The success fee deducted from your compensation in the event of a successful claim is legally capped. This means that you’ll always receive the majority of the compensation owed to you.
If you’d like to know more about making a claim using a No Win No Fee solicitor and how they can benefit you, get in touch with our advisors today for more information.
All that remains now is for you to speak to us about your claim for damage to the senses. If you have any further questions, our helpful and knowledgeable team will be happy to hear from you.
If you’d like to speak to us today, you can get in touch by:
- Calling us on 0161 696 9685
- Fill out our callback form with your details
- Use the Live Chat to the bottom right of this page
Below, we’ve included some links and resources that you may find useful.
Nerve injury claims- Read our guide to claiming for a nerve injury that wasn’t your fault
Tinnitus claims– If you’ve suffered from deafness or tinnitus that was caused by someone else’s negligence, then you may be able to claim. Read our guide to find out more.
Head injury claims- Head injuries can have a real impact on your quality of life. Read our guide for information on claiming compensation for an accident of this kind.
Headway- This charity provides support and resources to people living with the aftermath of a brain injury, including changes to the senses resulting from injuries of this kind.
NHS Guide to Deafblindness- This page provides information on deafblindness, including symptoms, causes and management.
Fifth Sense– A charity providing support specifically to sufferers of taste and smell disorders
Could you lose your sense of smell after a head injury?
Yes. It’s possible for a head injury to have an effect on the senses, including smell and taste.
Which part of the brain is responsible for smell?
The temporal lobe within the brain contains the olfactory cortex, which is responsible for your sense of smell.
Can the olfactory cortex fully heal after suffering damage?
Damaged cells within the olfactory cortex could regenerate, but they may not reconnect completely.
Page by KG
Published by NS