Welcome to our guide about making a compensation claim for deafness. If you have suffered hearing loss after an accident at work, in a public place or as part of injuries suffered in a road traffic accident, this guide offers information on whether you could make a personal injury claim.
In the following sections, we will explain who could be eligible to start a compensation claim for a personal injury like this. By looking at the three areas: workplaces, the roads and public areas, we will explain what legislation states a duty of care for your safety. And how those who breach that duty of care could be classed as negligent and liable for any harm you suffer as a consequence.
We use an example case study to explain how a £1.2 million pound settlement could be calculated. In addition to this, we explain how No Win No Fee solicitors from our panel can take up eligible claims with no upfront fees needed for the service they will provide.
You can access free advice at any point whilst reading. Our advisors can also offer an obligation-free case check of eligibility. If you are happy to proceed, you could be connected to a personal injury solicitor today. To discover more, you can:
- Call and chat about your claim in person on 0161 696 9685
- Contact us online to discuss your claim.
- Or try the live discussion option below.
Select A Section
- When Are You Able To Make A Serious Injury Claim For Deafness Or Hearing Loss?
- What Can Help You Make A Serious Injury Claim For Deafness Or Hearing Loss?
- Case Study: £1.2 Million Payout For A Serious Injury Claim
- How Much Serious Injury Compensation Could You Receive?
- Could I Use No Win No Fee Solicitors To Help Me Make A Deafness Claim?
- Learn More About How To Claim For Deafness
There are eligibility criteria to be aware of when considering compensation for a serious injury claim for deafness. A valid case may apply if you can prove three important points:
- A duty of care existed.
- It was breached through action or inaction.
- As a consequence, you can show how this contributed to or caused your physical and/or psychological injuries.
These points define negligence in tort law and need to be proven for an eligible personal injury claim to be made. We discuss how duty of care applies in the next sections.
If you believe that a failed duty of care was the root cause of your hearing injuries at work, on the road or in public, please get in touch. The on-the-spot case check offered by our advisors could enable you to connect with a skilled personal injury solicitor to help.
Road Traffic Accidents
Road users owe each other a care duty of care to use the roads in a way that prevents injury not only to others but to themselves too. To abide by the duty of care, they must follow the rules and regulations as outlined in the Road Traffic Act 1988 and the Highway Code.
A potential cause of hearing loss or deafness could be when another motorist side impacts you because they were speeding or jumping a red light. The impact of a car accident on your head could damage the ear and hearing permanently.
Accidents In A Public Place
The Occupiers’ Liability Act 1957 applies a duty of care to all those in control of public spaces to take steps to ensure the reasonable safety of those using the space for its intended purpose. Without this duty of care, you could slip on an unmarked spillage in a supermarket and suffer deafness through a head or brain injury.
Accidents At Work
Under the Health and Safety at Work etc Act 1974 (HASAWA), employers need to take reasonable and practicable steps to ensure employees’ safety while at work. Defective and malfunctioning machinery could explode causing damage to employees’ hearing or complete hearing loss/deafness.
Gathering evidence can help demonstrate your suffering, and who could be liable for the accident to support your claim for deafness. With this in mind, you could benefit from collecting the following:
- Dashcam and CCTV footage that shows clearly what happened.
- Medical evidence including hospital admission notes, scans, X-rays and copies of other test results from doctors.
- Photographs of the accident site or cause of your hearing injury.
- Witness contact details.
Call our advisors today and after a free case assessment they could connect you to a No Win No Fee solicitor from our panel who specialises in deafness claims. As part of the service the solicitor provides they will assist you in evidence collection. It is also important to note that generally in personal injury claims, there is a 3-year personal injury claims time limit.
Whilst driving home from work, Miss Davis was impacted by a large lorry at a junction. Amongst other injuries, she suffered a severe blow to the side of her head. This caused a brain injury that left her disabled. Amongst the other impacts she suffered was also deafness.
Miss Davis’ family decided to start a compensation claim on her behalf. She was a very high-earning communications expert and her brain injury plus her hearing loss severely impacted all areas of her life and prevented her from returning to work. They were able to put together a solid claim against the driver.
After assembling all the relevant medical evidence and calculating the loss of future earnings, an out-of-court settlement of £1.2 million was made.
Again, this is just an illustrative case study. If you would like to discuss how a personal injury solicitor could help you present your strongest claim for damages, start by speaking to our team.
Following a successful outcome in your claim for deafness, two heads of loss can be included. The primary head is general damages which aims to compensate for pain, suffering and a general decline in the quality of your life caused by the injuries. As such, it can incorporate both physical and psychological issues together or individually.
To apply value to your injuries, solicitors can refer to your medical evidence and other resources such as the Judicial College Guidelines (JCG). This publication contains various guideline bracket amounts for injuries in order of severity, but they represent guidelines only, not guaranteed amounts:
Compensation Table Example
|Type of Injury||Severity||Notes||Guideline Awards|
|Multiple Serious Injuries Plus Special Damages||Severe-Serious||A claimant that has suffered a combination on multiple serious injuries who needs constant care, home adaptations and can no longer work.||Up to £1,000,000|
|Injury Resulting from Brain Damage||Very Severe||Significant effect on the senses and severe physical limitation.||£282,010 to £403,990|
|Injury Resulting from Brain Damage||Moderate (i)||Effect on sight, speech, and senses among other serious impacts.||£150,110 to £219,070|
|Injury Resulting from Brain Damage||Moderate (iii)||There may be vestibular symptoms and an effect on senses among other impacts.||£43,060 to £90,720|
|Total Deafness and Loss of Speech||(a)||Where deafness has occurred at an early age and normal speech is impacted.||£109,650 to £140,660|
|Total Deafness||(b)||Cases of deafness without speech loss or tinnitus.||£90,750 to £109,650|
|Total Loss of Hearing In One Ear||(c)||Cases of associated issues including tinnitus, headache and dizziness.||£31,310 to £45,540|
|Special Damages||Loss of Earnings||If the injury has meant you had to take time off of work or you can no longer work any more you could claim lost earnings.||Up to £100,000 plus|
The second head of claim is special damages. This compensates for the financial losses created by your deafness or hearing loss. For instance:
- Any current or predicted loss of earnings.
- Medical costs.
- Home adaptations
- The costs of domestic care from family, paid professionals or friends as you adapt to your new disability.
You can collect and present evidence to prove these expenses such as wage slips, paid invoices and receipts.
If you are eligible and interested, you could access the services of a solicitor from our panel under a version of a No Win No Fee agreement. The particular type they offer is called a Conditional Fee Agreement (CFA).
Below are the benefits of working with a solicitor under a CFA:
- No upfront solicitor fees are needed.
- You will not be expected to pay any solicitor’s fees for ongoing work on your claim.
- The solicitor’s fees will not be payable if the claim does not win.
- Successful outcomes require a success fee for your solicitors. This is a legally capped percentage of the compensation.
Why not call our team today to see if you’re able to work with a No Win No Fee solicitor from our panel? You can:
- Connect right now with an online advisor by trying the live discussion option below.
- Call an advisor at any time convenient to you on 0161 696 9685
- Or contact us by filling out the form on our website.
Thank you for reading our guide about how to claim for deafness. More information to help is available below:
- What is tinnitus? Read this NHS resource.
- Who could claim statutory sick pay SSP – Gov.UK guide
- A guide on hearing loss from the NHS
Finally, here are a few more of our guides to show how else we could help you:
- More information about workplace injury claims.
- Nerve damage after an accident in a public place claim.
- Lastly, how No Win No Fee road accident solicitors can help.