This guide is on when you could be eligible to make a claim for deafness or hearing loss following an accident. In this guide, you will find an explanation of what the duty of care is on the roads, in public places and at work, and how breaches of this duty can result in accidents.
We have also provided some example scenarios of accidents, the possible injuries that could be sustained and the potential compensation that could be awarded after a successful claim.
The final section of this guide includes an explanation of the type of No Win No Fee contract our panel of personal injury solicitors can offer and the benefits to you of pursuing your potential claim under these terms.
For an assessment of your potential claim, as well as further guidance on making a personal injury claim, you can speak to one of our advisors. You can contact the team via:
Select A Section
- Do I Have A Serious Injury Claim For Deafness, Hearing Loss Or Tinnitus?
- Types Of Injuries And Accidents That Can Cause Hearing Loss
- Proving Your Hearing Loss Claim
- How Much Could I Claim For Deafness?
- How To Make A Serious Injury Claim For Deafness
In order to make a claim for deafness, hearing loss or tinnitus, you will need to show that a third party owed you a duty of care and that they breached this duty. We have provided more detailed explanations of the duty of care owed at work, in public and on the roads in section 2, but as a general rule, the criteria for demonstrating negligence are as follows:
- You were owed a duty of care by a third party.
- The third breached their duty.
- This breach was the cause of your injuries.
Is There A Time Limit To Claim For Deafness?
In certain circumstances, there can be exceptions to the 3-year limit. For example, if the injured person was a minor at the time of the accident, the 3-year limit commences from their 18th birthday. The limit is frozen indefinitely for injured persons without the mental capacity to pursue a claim themselves.
A suitable adult can be appointed to act as a litigation friend and pursue the claim on the injured person’s behalf in both of these scenarios. If you are about the time limit that could apply to your potential claim, you can contact our advisors, who can provide more information.
As we said above, there are a number of different accidents that can cause hearing loss. Below you will find an explanation of the laws governing the duty of care in the workplace, in public and on the roads. We have also provided some example scenarios of accidents along with the possible injuries that can be sustained.
Road Traffic Accident Deafness Claims
There is a collective duty of care amongst road users to prevent harm. This means abiding by the standards set out in the Road Traffic Act 1988 and the Highway Code. An example of a road user breaching their duty of care and causing a car accident would be:
- A driver using their phone ran through a red light and hit your vehicle on the driver’s side in a t-bone collision. You hit your head on the B pillar in the impact, rupturing your eardrum and causing damage to your hearing
Workplace Hearing Loss Claims
Employers have a duty of care to all employees in that they must take reasonable steps to ensure their safety while at work as set out in the Health and Safety At Work etc. Act 1974. This can include things such as ensuring all employers receive the relevant training and instructions, are provided with any necessary protective clothing and that both work equipment and environment are regularly inspected and maintained. An example of an employer breaching their duty of care and causing an accident resulting in hearing loss would be:
- You experienced a head injury in an industrial accident where you fell off scaffolding at a height because it was not put together properly. The impact of the fall bursts your eardrum and causes permanent impact on your hearing.
Public Accident Hearing Loss Claims
Under the Occupiers’ Liability Act 1957, the party in control of a public place owes a duty of care to all visitors in that they must take steps to ensure their reasonable safety while they are on the premises. This duty applies anywhere the general public can legally access. This can include shops and restaurants, leisure and recreational facilities, and the road network. An example of when you could make a public liability claim following a breach of this duty of care would be:
- A restaurant sign fell off its mountings as you were walking by and hit you in the side of the head, causing a serious head injury. Your hearing was permanently affected by the brain damage it caused.
Speak with a member of our team today for a no-obligation assessment of your own claim. You could be put in contact with a lawyer from our panel.
In order to make a claim for deafness, you will need to provide evidence showing that a third party breached their duty of care and caused your injuries. Some possible examples include:
- Copies of your medical records, such as test results and scans, after receiving treatment.
- A copy of any CCTV footage that shows the incident.
- Similarly, you can request copies of footage from a dash cam or other device following a road traffic accident.
- For an accident at work, you acquire a copy of the incident report from the accident book.
- Witnesses can be interviewed during the claims process, so take down their contact information so they can give their statements at a later date.
For support in gathering evidence, you should talk to our advisors for an assessment of your potential claim. A solicitor from our panel could assist you with the collection of evidence in support of your claim.
A compensation settlement following a successful claim for deafness can be made up of up two different heads of claim. The first of these, general damages, is awarded for the pain and suffering caused by your injuries.
To calculate the potential value of your injuries, a solicitor can refer to provided medical evidence alongside the Judicial College Guidelines (JCG). The JCG is a publication that outlines the guideline award brackets for various different injuries, a selection of which have been used to create this compensation table. Since personal injury claims are assessed individually, this table has been provided as a guide, not a set of guaranteed payouts.
|Multiple Serious Injuries With Deafness||Deafness with other serious injuries and compensation for special damages such as a loss of earnings.||Up to £1,000,000+|
|Very Severe Brain Damage (a)||Little to no environmental response, significant effect on the senses and the need for full time care.||£282,010 to £403,990|
|Moderately Severe Brain Damage (b)||Very serious disability of a cognitive or physical nature. A requirement for constant care.||£219,070 to £282,010|
|Moderate Brain Damage (c)(i)||Moderate to severe intellectual deficit, effect on the senses and a significant epilepsy risk.||£150,110 to £219,070|
|Total Deafness and Loss of Speech (a)||A complete loss of both hearing and normal speech.||£109,650 to £140,660|
|Total Deafness (b)||The award level within this bracket will depend on any speech deficit and the presence on tinnitus.||£90,750 to £109,650|
|Loss of Earnings||A loss of earnings may be compensated for due to time taken off work, be that temporary or permanent.||Up to £100,000 and above.|
The second of the two heads of claim is called special damages. Special damages can be awarded for the monetary losses you have experienced because of your injuries. Some possible examples include:
- Costs of travel.
- Home adaptations.
- Domestic care.
- Loss of earnings.
- Out-of-pocket medical costs.
In order to be compensated for a financial loss, you will need to provide evidence. Keep any documents (payslips, travel tickets, invoices) that show you incurred financial losses.
For a free assessment of your potential claim, you should call our team of advisors. If they decide you have valid grounds to claim for deafness or hearing loss, they could connect you with a personal injury solicitor from our panel.
You could then be offered a Conditional Fee Agreement (CFA), which is one of the forms a No Win No Fee contract can take. A CFA presents a number of benefits to claimants. First of all, you will generally not be met with any fees upfront for the solicitor’s services. You will also not be charged any ongoing fees during the claims process. There are likewise no fees to pay for the work they have done if the claim does not succeed.
You will be awarded personal injury compensation following a successful claim. A percentage of this will be deducted as payment for the solicitor’s work. This is called a success fee. Success fees are pre-agreed before the start of the claims process. They are also legally capped, therefore, you will keep the majority of your compensation.
Our advisors are happy to answer any questions, as well as offer a free assessment of your potential claim. You can contact the team via:
Where Can I Read More About Claiming For Serious Injuries?
For more of our serious injury guides:
- Learn more about making a claim following a serious brain injury.
- Read about claiming compensation for organ damage after a serious accident.
- Find out when you could be eligible to start a claim for a serious neck injury.
For further useful resources
Thank you for reading our guide on when you could make a claim for deafness or hearing loss. You can speak to a team member via any of the contact details above for more information.
Written by HC
Edited by FS