By Cat Grayson. Last Updated 5th September 2023. Have you suffered tinnitus as a result of either an accident that was not your fault or because of regular and excessive exposure to loud noises? If so, you may wish to claim compensation for tinnitus against the party responsible. In this guide, we will show you how to do so.
Most people with the condition will experience a combination of sounds, hearing noises such as ringing, white noise, and buzzing. Whilst many of us may have experienced a short bout of tinnitus after going to a concert or similar event, this usually resolves itself in a brief period of time. If you have been exposed to very loud noise on a regular basis, you could experience a constant sound in the ear accompanied by hearing loss or damage.
If someone else was to blame for your exposure to loud noises or caused you to have an accident, you could claim compensation for tinnitus. Find out how to do so below.
Select A Section
- What Is The Average Payout For Hearing Loss?
- Am I Eligible To Claim Compensation For Tinnitus?
- Common Causes Of Tinnitus
- How To Prove Who Is Responsible For My Tinnitus?
- Claim Compensation For Tinnitus On A No Win No Fee Basis
- Advice For People With Tinnitus
You might be wondering, ‘what is the average payout for hearing loss?’. However, it’s difficult to give a definitive answer as hearing loss settlement amounts awarded can differ depending on the specific circumstances of your case.
In this section, we have created the table below using figures from the 16th edition of the Judicial College Guidelines (JCG). Solicitors can use the publication alongside medical evidence to help them value general damages in a personal injury claim. General damages relate to the pain and suffering you have experienced as a result of your injuries. This is one of the heads of claim that can make up a tinnitus compensation award.
It’s important to note, however, that the figures below act as guidelines and do not represent the final settlement you might receive.
|Reason for claim
|Upper and lower limit
|Comments and notes
|£109,650 to £140,660
|Cases where the claimant experiences total deafness and associated loss of speech.
|£90,750 to £109,650
|Cases where there is no loss of speach.
|Partial Hearing Loss or/and Tinnitus (i)
|£29,710 to £45,540
|Severe tinnitus and noise induced hearing loss (NIHL)
|Partial Hearing Loss or/and Tinnitus (ii)
|£14,900 to £29,710
|Cases where there is moderate tinnitus and noise induced hearing loss. Or moderate to severe tinnitus / NIHL alone.
|Partial Hearing Loss or/and Tinnitus (iii)
|£12,590 to £14,900
|Cases of mild tinnitus with some NIHL.
|Partial Hearing Loss or/and Tinnitus (iv)
|Cases of slight and/ or occasional tinnitus. There may be slight NIHL.
|Partial Hearing Loss or/and Tinnitus (v)
|£7,360 to £12,590
|Slight NIHL or slight tinnitus.
Tinnitus Compensation – What Are Special Damages?
Special damages may also be included in your claim for tinnitus compensation. This head of claim compensates you for any additional costs or financial losses caused by your injury. For example, you might take time off work to recover from your tinnitus injury, which could result in a loss of earnings.
Other examples of financial harm you might experience as a result of tinnitus include:
- Costs arising from paying for medication to alleviate symptoms of your injury.
- Travel expenses stemming from travelling to and from hospital appointments regarding your tinnitus.
- Paying for specialist equipment required to cope with your injuries, i.e. a hearing aid.
When making a personal injury claim for compensation for tinnitus, you will need to provide evidence of your financial losses in order to receive special damages. A copy of your payslips, bank statements, and any relevant invoices or receipts could be used as evidence in your claim.
If you have any questions, such as “What is the average tinnitus compensation in the UK?” our advisors could assist you with your queries free of charge.
Whilst some people may suffer moderate tinnitus, others could have severe cases which eventually lead to them losing their hearing. If you experienced an acoustic shock or have been exposed to a noisy environment over a long period of time and were not provided with the equipment necessary to protect your hearing, you may be eligible to make a compensation claim through a personal injury solicitor.
The most vulnerable types of workers include;
- Agricultural workers.
- Manufacturing workers.
- Construction and building workers.
- Workers in other industrial settings.
Anyone working in a workplace which can often have high levels of noise, or which can be prone to sudden loud noises could suffer noise-induced hearing loss or tinnitus if their hearing is not properly protected.
Time Limits When Claiming For Tinnitus
For further guidance on the eligibility of your tinnitus compensation claim, get in touch with our advisors today.
The time limit to make a claim for tinnitus can depend on the circumstances that caused the condition.
If you developed tinnitus because of repeated exposure to harmful noises, your time limit to make a claim could be:
- 3 years from the date you were first made aware of your condition and how it was related to the cause of harm
This will generally be the date you first received an official medical diagnosis of the condition.
If you had developed tinnitus in a road traffic accident, or because you had received harmful medication, your time limit could either be:
- 3 years from the date of your accident, or the date you received the harmful medication
- 3 years from the date you were first made aware of your condition
This is according to the information set out in the Limitation Act 1980 regarding personal injury claims for negligence. There can be extensions to this time limit though. Claims for tinnitus could be made outside the general 3-year time limit if:
- The claimant was under the age of 18 at the time of developing the condition
- The claimant lacked or lacks mental capacity during the 3 year time limit
However, a litigation friend can be appointed to represent them in either situation.
There is no time limit to settle a claim; once it has begun, it can go on as long as it needs to. If you are interested in claiming for tinnitus, please speak to an adviser today for free information.
There are both common and less common causes of tinnitus which you can claim compensation for. You may find that you can claim compensation for tinnitus after a car accident or claim compensation for tinnitus and hearing loss.
Common causes of tinnitus include;
- Exposure to loud noises.
- Neck and head injuries, such as those associated with whiplash.
- Medical errors such as pharmacy prescription errors, or unexpected side effects of a medication or medical treatment.
If you have suffered noise-induced hearing loss or tinnitus as a result of any of these circumstances, you can get in touch with us today to find out more about whether you’re eligible to make a tinnitus claim in the UK.
Whether your tinnitus was caused by exposure to loud noises in the workplace, or due to a vehicle accident, you will need to show that someone else was responsible for what has happened to you.
If your accident was caused by another driver acting in a careless way, you could claim against them if they have not fulfilled their duty of care as a road user.
If your tinnitus was caused by an accident at work as a result of your employer failing to uphold their duty of care, you could gather evidence such as CCTV footage or an accident at work report to prove negligence.
Talking to an experienced advisor can help you to establish who is responsible for your injury.
As part of your tinnitus claim, you’ll be required to gather evidence that can demonstrate your injuries were a direct result of a relevant third party breaching their duty of care.
Evidence that could be used to support claims for tinnitus include:
- Medical records stating that you have been diagnosed with tinnitus and the treatment you are receiving for it.
- The contact details of anyone who witnessed your accident so that they may provide a statement at a later date.
- Any video footage or photographs of the accident, such as CCTV footage.
- Proof of monetary losses – bank statements, receipts or invoices are just some examples of evidence that could be used as proof of these losses.
Contact our advisors today to discuss your potential personal injury claim and receive free advice. If you have a valid case, they may connect you with one of the solicitors on our panel.
If you are eligible to make a tinnitus compensation claim, a solicitor from our panel may be able to help. Our panel of solicitors work on a No Win No Fee basis. This means that they offer their services under a Conditional Fee Agreement (CFA), which is a kind of No Win No Fee contract.
When you work with a solicitor under a CFA, they won’t ask for a fee to start working on your claim or to keep working on your claim. Similarly, if your claim doesn’t succeed, you won’t pay a fee for their services.
However, successful tinnitus claims will have to pay a success fee to their solicitor. Your solicitor will take this fee directly from your compensation as a small percentage. However, the percentage they can take is limited by a legislative cap. This helps to ensure that you keep the majority of what you win.
To find out if you could be eligible to work with one of our solicitors, or to learn more about claims for tinnitus, contact our advisors today. Through a free consultation, they can evaluate your claim, answer any questions you may have, and may be able to connect you with a solicitor from our panel. Contact our team today by:
Below we have recommended guides on our site as well as other sites where you can find relevant and useful resources.
- NHS Guide To Tinnitus: This guide from the NHS looks at what tinnitus is, its causes and what you can do if you have tinnitus.
- A Guide To Employment Law In The UK: In this guide, we look at employment law in the UK and how you can make a personal injury claim with a solicitor against your employer.
- Your Rights After An Accident At Work: In this guide, we look at what rights people in the UK have after an accident in the workplace.
- Suing the NHS for Medical Negligence: This guide explores how you could sue the NHS if you were harmed by medical negligence.
- How to Claim as a Passenger in a Car Accident: In this guide, we look at how you could claim compensation if you were injured as a passenger in a car accident.
Please feel free to get in touch at any time if you have further queries about claiming compensation for tinnitus.
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