How To Make Tinnitus After A Car Accident Compensation Claims In The UK

By Stephen Moreau. Last Updated 22nd January 2024. Welcome to our guide on tinnitus after a car accident and compensation that can be awarded as a result. This article takes you through the process of how you could be eligible for compensation.

Could You Claim For Tinnitus After A Car Accident?

If you want to make a tinnitus claim after a car accident, then you must be able to prove that your injuries were caused by the negligence of someone else. In the context of car accident claims, this is often another road user.

Woman holding painful ear affected by tinnitus

Tinnitus after car accident compensation guide

We’ve also included sections regarding tinnitus symptoms and other injuries that can occur simultaneously, such as whiplash. The answer to the question “how much compensation do you get for hearing loss?” is also addressed in this guide.

Hearing loss and tinnitus claims can seem daunting, but we are here to help explain the process as simply as possible. Read on for more information.  

Get In Touch With Our Team

Reach out to us today, and we can assist you. Once you’ve answered a few questions, we will be able to offer you more accurate free legal advice.

If we think you could have a valid claim, then we could connect you with an experienced solicitor from our panel. The more information we have regarding your circumstances, the more accurately we can value your claim.

You can:

Services And Information

  1. What Is Tinnitus After A Road Traffic Accident?
  2. Calculate The Value Of Your Tinnitus After A Car Accident Compensation Payout
  3. Liability For Tinnitus Caused By Car Accidents
  4. How Long Do I Have To Claim Tinnitus After A Car Accident Compensation?
  5. I Suffered Tinnitus After A Car Accident, What Should I Do?
  6. Tinnitus Claim – No Win No Fee Lawyers
  7. Other Information

What Is Tinnitus After A Road Traffic Accident?

If you are involved in a car accident, then a condition you may possibly experience is tinnitus, which can cause ringing or other noises to be heard in one or both ears. More severe cases of tinnitus can also cause pain and discomfort in your ears that affects your balance and your daily life.

Can I Claim For Tinnitus Following A Road Traffic Accident?

You may have valid grounds to claim for road traffic accident injuries if the incident was caused by another party breaching their duty of care. All road users owe a duty of care to avoid causing harm or damage to themselves and others. They should also adhere to the Road Traffic Act 1988 as well as the Highway Code to uphold this duty of care.

If you are suffering from tinnitus after a car accident, then compensation could potentially be claimed if you can establish with evidence that another party breached a duty of care they owed you and this led to you suffering an injury affecting your hearing. For more advice on the requirements to start a tinnitus compensation claim, contact our advisors for free today.

Tinnitus After A Car Accident And Compensation – What Is The Whiplash Reform Programme?

If your tinnitus claim also includes whiplash injuries, it may be affected by the Whiplash Reform Programme. How certain low-valued road traffic accident claims are made in England and Wales has changed. This applies to claims made by drivers or passengers of a vehicle over the age of 18 who suffered injuries valued at £5,000 or less.

Your whiplash injuries will be valued in line with the tariff set out by the Whiplash Injury Regulations 2021. Any other injuries you suffered that are not covered by this tariff will be valued traditionally.

If you have suffered from ringing in your ears after a car accident, you may be eligible for compensation.  Contact our advisors to learn more about personal injury claims for tinnitus after a car accident and the compensation that could be awarded. Additionally, they could help inform you which avenue you should take when making your claim.

Calculate The Value Of Your Tinnitus After A Car Accident Compensation Payout

How much compensation do you get for hearing loss?” is a query we often receive. However, without more information regarding the specific circumstances that surround your injury, this isn’t a question we can answer accurately in this article.

Each tinnitus claim is different, as are all personal injury claims. Because of this, there is no figure we can give as an example in this article that would reflect everyone’s potential compensation amount. As an alternative, what we are able to do is supply you with some example sums of what it’s possible to be awarded for various injuries. 

General Damages

This part of your claim is calculated with the assistance of the Judicial College Guidelines (JCG). This publication is made up of a list of figures that you could be awarded for both physical and psychological injuries.

It contains a wide range of injuries with associated guideline compensation brackets. The value of your injury can be affected by things like the overall effect it has had (or will have) on your life.

In order to value the general damages part of your claim, you’ll usually be invited to attend an assessment with an independent medical expert. They’ll assess your injuries and confirm that they were caused by your accident. They’ll also provide a medical report that can be used to value your claim with the help of the JCG.

We have included a table below. The figures have been taken from the latest edition of the JCG, which was last updated in 2022. This is only a small sample of the entries in the JCG, so don’t be alarmed if you don’t see your injury represented; we may still be able to help you claim.

The table should be viewed as a guide only. Take note that the first entry is an estimated figure for multiple injuries and the last two entries are based on the tariffs from the Whiplash Injury Regulations 2021 mentioned earlier. They are not based on the JCG.

Injury Description Amount
Multiple Serious Injuries Plus Special Damages If you have valid grounds to claim for multiple serious injuries, including one that affects your hearing, then your compensation payout may cover all of these plus any related special damages you are claiming for, such as loss of earnings. Up to £500,000+
Hearing (a) Total deafness, loss of speech – for example, the injured party will be very young and so normal speech development has been affected £109,650 to £140,660
Hearing (b) Total deafness – higher amounts appropriate for when the injured party has tinnitus and a speech deficit £90,750 to £109,650
Hearing (c) Complete deafness in just one ear – the upper end of this bracket is often awarded to those where there are associated issues such as dizziness, tinnitus, headaches £31,310 to £45,540
Hearing (d) (i) Sever noise-induced hearing loss and tinnitus £29,710 to £45,540
Hearing (d) (iv) Only mild noise-induced hearing loss, or only mild tinnitus Around £11,720
Hearing (v) Occasional/slight tinnitus with slight noise-induced hearing loss £7,360 to £12,590
Whiplash Injuries (1)(a) Whiplash injuries only that last more than 18 months but not more than 24 months £4,215
Whiplash Injuries (1)(b) Whiplash injuries with psychological harm that last more than 18 months but not more than 24 months. £4,345

Special Damages

Along with being compensated for your injuries, you could also receive special damages that can be awarded to reimburse you for financial losses. These losses must have taken place as a direct result of your injuries. You must also have proof of these expenditures or losses in order to claim.

Some examples of what could be included in a special damages payment are:

  • Loss of earnings/future loss – your ability to work and earn money may have been affected. If so, you may have the right to be reimbursed for the money you would have earned. This includes future wages that you can no longer earn if your injury is severe enough to prevent you from ever working again.
  • Medical bills – you may have prescription costs to cover or additional medical care that was not available for free on the NHS.
  • Travel costs- if you’ve had to travel to and from medical appointments, then you could claim back the cost of things like parking and fuel.

If you require more information on the topic of what else can be reclaimed via special damages payments, get in touch with us today. Our advisors are standing by to take your call. They could also offer you free legal advice about claiming.

Liability For Tinnitus Caused By Car Accidents

If you have sustained tinnitus after a car accident, compensation can only be claimed if you can prove it was caused by the negligence of another road user. Some examples of viable evidence are:

  • Witness details– if someone saw the accident happen, you could collect their details so that they can provide a statement at a later date. 
  • CCTV/Dashcam footage – if you have a dashcam that recorded the accident, then this could be used to support your version of events. You can also request the footage if your accident was captured on CCTV.
  • Police reports – these will be carried out following the accident.
  • Photographs of the scene- photographs of the scene of the accident that are taken before anything is moved could be used to support your claim.

If you would like to know more about the kinds of things that can be used as evidence to support your claim, why not speak with our team today? One of our advisors could connect you with a No Win No Fee solicitor from our panel.

How Long Do I Have To Claim Tinnitus After A Car Accident Compensation?

You generally have 3 years from the date of the accident to start a personal injury claim. This is stated in the Limitation Act 1980. However, there are some exceptions to this. 

Sometimes your injury is not detected on the day it was sustained. So, the date you became aware that your injuries were caused by negligence can be the start of your 3-year time limit. This is known as the “date of knowledge”. You must be able to back up this date with something like medical records.

Below, we have listed some of the other exceptions that can apply with regard to time limits for personal injury claims.

Child Accident Claims

Those under 18 years old cannot make a claim themselves. Therefore, their time limit is suspended until they reach adulthood.

In the meantime, however, their claim can be made for them by a litigation friend. This is an adult, such as a parent or guardian, who has the child’s best interests at heart.

Claiming On Behalf Of Those With A Reduced Mental Capacity

If someone lacks the mental capacity to pursue their own claim, their time limit is suspended. It begins again in the event that they regain their mental capacity. 

If they do not recover, then the time limit is suspended indefinitely. Similarly to child accident claims, a litigation friend can also claim on their behalf while they don’t have the capacity to do so themselves.

I Suffered Tinnitus After A Car Accident, What Should I Do?

There are certain steps that must not be skipped when you’ve sustained tinnitus after a car accident. Your compensation can depend on the details you can gather, amongst other things.

  • Seek medical attention your health should always be your initial priority. If you ignore your injuries, they could become worse or even fatal. Furthermore, the reports generated when you seek medical attention could be used to support your claim. 
  • Gather evidence –  It will be extremely difficult for you to make a successful claim if you have no proof that your version of events is true. This is a very important step.
  • Look for legal advice – here at UK Law, we are here to help you 24/7. Our advisors are ready and waiting to answer your questions. While it’s not legally required, seeking expert legal representation could help you get more money from your claim. 

Tinnitus Claim – No Win No Fee Lawyers

If you have a ringing in your years after a car accident, this could be a sign of tinnitus. A claim could be made for this type of injury if it was caused by negligence. All of the solicitors on our panel can operate on a No Win No Fee basis.

When working under an arrangement such as this, your lawyer takes a percentage from your settlement should your claim succeed. The percentage they are permitted to take is capped by law. If you do not receive compensation, you are not required to pay your solicitor.

If you have tinnitus after a car accident, compensation could be owed to you. To find out if you could be eligible to claim, get in touch with our advisors today. You can reach us by using one of the contact methods listed below:

Other Information

We’ve included some links for further reading on this subject and others that are similar.