By Stephen Kane. Last Updated 24th August 2023. Losing any of your senses is going to be hard to deal with. It can be disorientating, scary and frustrating. Any type of hearing loss can be tormenting, especially if it is accompanied by conditions like tinnitus. If you suffer from any type of hearing loss due to somebody else’s negligence, you may be entitled to compensation for your suffering. In this article, we’ll try to answer the question, “How long does a hearing loss claim take?”. Additionally, we’ll explain the reasons you could claim compensation and provide some example figures to show how much could be claimed.
Advice.co.uk can support you and provide advice. We start by offering a no-obligation assessment of your case. In addition, we’ll offer free legal advice on your options. If you want to stop at the point, then that’s fine. However, if you want to proceed, and your case is strong enough, we could refer you to a personal injury solicitor from our panel. Should the case be accepted, your lawyer will represent you on a No Win No Fee basis.
To find out more about hearing loss claims in the UK, please read the rest of this guide. If you’d rather get in touch with us right away, you can begin the claims process by calling our team on 0161 696 9685 today.
Select A Section
- A Guide On How Long Does A Hearing Loss Claim Take?
- Is There An Average Payout For Hearing Loss Claims?
- Types Of Damages Which You Could Be Eligible To Claim
- What Is Hearing Loss Or Industrial Deafness?
- When Could You Claim Compensation For Hearing Loss?
- What Are Time Limits For Personal Injury Claims?
- Claims For Hearing Loss – What Does Date Of Knowledge Mean?
- How Long Is The Hearing Loss Claim Time Limit?
- How Long Ago Could The Hearing Loss Have Happened?
- Child Hearing Loss Claim Time Limits
- I Am Close To The Hearing Loss Claim Time Limit, Should I Start A Claim?
- Could I Claim Beyond The 3 Year Limit?
- How Do I Begin A Hearing Loss Claim?
- No Win No Fee Hearing Loss And Industrial Deafness Claims
- Claim For Hearing Loss – Free Legal Advice
- Additional Resources
A Guide On How Long Does A Hearing Loss Claim Take?
You might not think that there are many accidents that could cause hearing loss. In many cases, hearing loss is not something that happens immediately, it is something that occurs over a long period of time. For example, people working in loud factories for years or even decades can suffer from Noise-Induced Hearing Loss (NIHL). In addition, NIHL can occur following exposure to a very loud noise like an explosion.
In this article, we aim to answer a question we often get asked, “How long does a hearing loss claim take?”. Furthermore, we’ll explain the time limits that apply to hearing loss claims. We’ve included a comprehensive table to show what compensation amounts could be paid for hearing damage and we’ll also explain what you could claim compensation for.
It is important to explain that some hearing loss claims could go back many years. Don’t worry if that’s the case though, we’ll still try to help. Unlike some injuries, if your hearing loss isn’t diagnosed until later in life, you could still be eligible to seek compensation.
As time limits for claiming can vary, we’ve included a time limit table later on which shows the time limits for different scenarios. These range from industrial deafness claims through to hearing loss claims for children.
Hearing loss claims can all take different amounts of time to conclude. It depends on each case. Time may be needed to collect evidence and medical reports. Liability may not be admitted as soon as it could be which means claims may go on longer. If claims go to court this may add some more time on.
We understand the claims process can be complex, especially in cases that span many years. That’s where we can help. Our friendly team of specialist advisors offer free support if you’re interested in claiming. They will assess any claim without obligation and let you know their thoughts on your chances of receiving compensation. So, why not get in touch today and let us consider your claim for free?
Is There An Average Payout For Hearing Loss Claims?
Hearing loss compensation payouts vary on a case-by-case basis. That’s because variable factors, such as the severity of your injuries and what sort of impact they are set to have on your day-to-day life, is considered when a payout is finalised.
The compensation payout when you successfully claim for hearing loss can comprise of general damages and special damages in addition. General damages are meant to compensate for the pain and suffering that the injuries you’re claiming for have caused.
The Judicial College Guidelines (JCG) is a document many legal professionals will use to help them value this head of claim. Its a document that provides guideline compensation brackets for various injuries. We have listed some of the amounts stated in the 16th edition of the JCG in the table below.
|Type of Hearing Loss||Settlement Range||Detailed Guidance|
|Total Deafness||£90,750 to £109,650||Where complete deafness occurs. Any tinnitus or speech deficit will push the claim towards the top of the bracket.|
|Total hearing loss (one ear)||£31,310 to £45,540||Problems like dizziness, headaches and tinnitus will push the settlement towards the top of the bracket.|
|Partial Hearing loss and / or Tinnitus||£27,710 to £45,540||Covers cases with severe tinnitus and Noise-Induced Hearing Loss (NIHL).|
|Partial Hearing loss and / or Tinnitus||£14,900 to £29,710||Covers cases of moderate tinnitus and NIHL or moderate to severe tinnitus or NIHL on its own.|
|Partial Hearing loss and / or Tinnitus||£12,590 to £14,900||This category is for some NIHL with mild tinnitus.|
|Partial Hearing loss and / or Tinnitus||Up to £11,720||Mild tinnitus on its own or mild NIHL alone.|
|Partial Hearing loss and / or Tinnitus||£7,360 to £12,590||Occasional or slight tinnitus with slight NIHL.|
|Partial Hearing loss and / or Tinnitus||Up to £7,010||Slight tinnitus without NIHL or Slight NIHL without tinnitus.|
For more guidance on how much compensation you may receive from a hearing loss claim, you can contact our advisors for free.
Types Of Damages Which You Could Be Eligible To Claim
As well as claiming for your hearing loss injury, you may need to claim for any financial costs you incur. This type of claim is called special damages. Claimants will suffer different types of losses, but you could claim for:
- Lost earnings. If your hearing damage means you need time off work to recover, you might lose some or all of your income. Therefore, you could request that loss back.
- Future lost income. In a similar way, if you suffer a long-term hearing injury, it could prevent you from working at the same level as before your injury. That might mean you need to claim for any future loss of earnings.
- Travel costs. Travelling to doctors, hospitals or specialist hearing centres can prove costly. Therefore, it might be able to claim back any fuel, public transport, or parking costs related to those visits.
- Care costs. Where you need support with daily tasks because of your hearing loss, you could ask for carer’s fees to be paid back. Alternatively, you could claim for the time a friend or loved one spends supporting you.
- Medical expenses. While treatment for any remedial action will usually be free, you might incur costs linked to prescriptions, other medications, or non-NHS services. Therefore, you could include these in your claim.
We’d advise that keeping receipts, bank statements, wage slips and benefits documents could all help with the claims process. Additionally, it may be a good idea to keep a diary of your expenditure to make it easier to recall why you’ve spent money.
What Is Hearing Loss Or Industrial Deafness?
Legally speaking, a hearing loss injury or industrial deafness injury claim could be made if:
- You were owed a duty of care by the defendant.
- They were negligent meaning they breached that duty of care and caused an accident (or long-term situation).
- And your hearing was damaged because of that negligence.
Duty of care is something that is derived from legislation. For example, employers have a duty of care to keep staff as safe as possible while working. That duty is derived from the Management of Health and Safety at Work Regulations 1999.
You needn’t worry too much about which legislation applies in your case though. Our specialist advisors will review your case and let you know if you have a chance of being compensated. If you call today and let us know what’s happened, we will review your claim for free.
When Could You Claim Compensation For Hearing Loss?
You could begin a hearing loss compensation claim if damage to your hearing was caused by a negligent act involving somebody who owed you a duty of care. This could be an event organiser who prevented noise from breaching permitted levels. It could also be an employer who failed to provide adequate ear protection or sound-reducing methods over a sustained period of employment.
As well as answering the question, “How long does a hearing loss claim take?”, our advisors can review your case on a no-obligation basis. If your injury does appear to have been caused by negligence, they could ask an injury solicitor from our panel to take a closer look to see if you could be compensated.
What Are Time Limits For Personal Injury Claims?
In accordance with the Limitation Act 1980, the time limit for personal injury claims is 3-years. However, that doesn’t explain everything fully. Some limitation periods begin from the date of the accident which caused the injury, while others begin from the date of knowledge.
To clarify matters, we’ll explain each of these different scenarios in the coming sections of this guide. If you are in any doubt about how long you have to begin your claim, please contact a specialist on our team today.
Claims for hearing loss must be made within the personal injury claims time limit. This is generally 3 years from the date of the accident. However, there are times when the injury you sustain may not be immediately detectable. Claims for industrial hearing loss are a good example of this.
This is because hearing loss can occur due to cumulative damage. When claiming hearing loss compensation, you will need to have evidence in order to establish that you only became aware of the damage to your hearing on a certain date. To give an example, this could be a date of diagnosis in your medical records.
Get in touch today if you have any questions about hearing loss claims, what the average payout could be, and more.
To reiterate how long you have to claim, please take a look at the time limit table below:
|Type of claim||Time Limit|
|Industrial deafness claim||3-years from the date of knowledge.|
|Immediate hearing loss claim (explosions etc)||3-years from the date of the accident.|
|Hearing loss claim for children||A parent can claim up until the child's 18th Birthday.|
As explained earlier in this article, hearing loss injuries can take some time to manifest. In fact, they can take decades. When claiming compensation, the date the injury occurred is not so important. That’s because the date your injuries were diagnosed could be the start of your 3-year time limit. Or it could be the date your injury was linked to negligence could also be the date of knowledge.
That means if you worked for a company in the year 2000, but your injuries were not diagnosed or not diagnosed as being related to negligence and industrial deafness until 2021, then you would have 3-years to make your claim from this date.
Child Hearing Loss Claim Time Limits
Personal injury claims involving children are different from others. That’s because they are not allowed to represent themselves legally. If your child has suffered hearing loss in an accident caused by somebody else, you could become their legislation friend so that you can represent their interest during a claim.
This process allows you to make a claim at any point before their 18th birthday. If you go down this road, we can help. A claim can proceed where you deal with solicitors and courts on behalf of the child.
Once liability has been agreed, and a settlement amount proposed, a court will verify that the settlement is fair. Any compensation will be placed in a trust fund and managed by the court until the child turns 18. If no claim is made before the child’s 18th birthday then they will have 3 years until the age of 21 to claim for themselves.
I Am Close To The Hearing Loss Claim Time Limit, Should I Start A Claim?
If you’re close to the 3-year limitation period, then there’s not much time to lose. Before submitting a claim, your lawyer will need to carry out a number of tasks. These include gathering evidence and arranging medical reports. Contact our team today.
Could I Claim Beyond The 3 Year Limit?
There are very few reasons why your claim could be heard after the 3-year limitation period. We have already explained that children’s claims have longer, and the same could be true for claimants who are being cared for under the Mental Health Act 2007. Also, those who do not have the mental capabilities to claim for themselves can have a litigation friend claim on their behalf. If their mental capabilities make a full recovery then that is when their 3-year time limit would begin. Besides these scenarios, courts would need to have extreme circumstances to be explained to them which prevented you from claiming sooner.
How Do I Begin A Hearing Loss Claim?
Evidence is a key part of your claim. It can help prove how you became injured, who was at fault and the extent of your injuries. The list below details some examples of evidence you could supply to help prove your case:
- Emails you sent to your employer about your concerns relating to noise at work.
- An accident report log. These are required by law if any employer or business is told about an accident on their premises. The report could help prove dates, locations and times of accidents.
- Medical reports. If you’ve been treated by a doctor for your hearing loss, you could prove the extent of your injuries with medical records.
- Witness details. Your lawyer could contact any witnesses to find out more about how your injury was sustained.
- Videos of the incident which led to your hearing loss. These are more likely to be available for sudden hearing loss injuries like those sustained by explosions.
When you have as much evidence to hand as possible, you could let one of our advisors review it for you. They will work with you to try and ascertain whether you have a valid case. If you do, they could pass your claim to a specialist injury solicitor.
No Win No Fee Hearing Loss And Industrial Deafness Claims
We know, from years of experience, that some claims never get made because the injured person is worried about how much a solicitor will cost them. Although it is not a requirement to have a solicitor pursue your case for you many people find that claims this way are less stressful. We would always advise opting for a No Win No Fee solicitor That allows you to get access to a legal specialist with a reduced financial risk which makes your claim less stressful.
A solicitor will review its chances of success. If they decide to continue with the case, you’ll get a Conditional Fee Agreement (CFA) to review. This contract explains what will need to happen before your solicitor is paid. Furthermore, it will show you that:
- Solicitors don’t need to be funded upfront.
- You won’t be expected to pay any solicitor’s fees during the claims process.
- Solicitor’s fees won’t be payable if the claim does not succeed.
The only scenario in which you’ll pay your solicitor is one in which you receive compensation. If that happens, your solicitor will retain a percentage of your compensation. This is listed in the CFA as a success fee. That means you’ll know about the fee before you agree to proceed. For your peace of mind, all success fees are capped by law to prevent overcharging.
Why not call our team today to see if you’re able to claim on a No Win No Fee basis?
It may be helpful to seek legal counsel if you’re considering making a claim for hearing loss. If you get in touch with our advisors, they can offer free legal advice, including an eligibility check and compensation estimate for a successful claim.
After your initial consultation, our advisors may be able to connect you with one of the specialist solicitors on our panel. They could represent you in a loss of hearing claim and help you through every step of the claims process.
Below we’ve listed various ways you can get in touch with our team:
- Connect instantly with an online advisor using the live chat widget on your screen
- Call an advisor at any time to discuss your case on 0161 696 9685
- Or contact us by filling out a form, and we’ll get back to you as soon as we can
This is the last section of our guide. Hopefully, we’ve provided an answer to the question, “How long does a hearing loss claim take?”. Therefore, in this section, we’ll list some resources that may prove useful to you in the future. Please do let us know if there’s anything else you need.
Tinnitus Advice – An NHS article that describes what tinnitus is and how it can be treated.
Industrial Injuries Disablement Benefit – Government information on a benefit that could be paid for industrial disabilities.
Finally, here are a few more of our guides to show how else we could help you:
Permanent Scar Claims – Advice on how we could help if you’ve been permanently scarred following an accident.
Pavement Trip Accidents – This article explains when you could be compensated for injuries caused by a defective pavement.
Electric Shock Claims – A guide about claiming for injuries sustained following an electric shock.
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Published by AL.