How To Make Tinnitus After A Car Accident Compensation Claims In The UK
By Cat Reeves. Last Updated 17th May 2023. 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.
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:
- Call us on 020 3870 4868
- Write to us about your claim online.
- Chat with us using the pop-up window in the corner.
Services And Information
- Everything You Need To Know About Tinnitus After A Car Accident Compensation Claims In The UK
- What Is Tinnitus Road Traffic Accident?
- What Is Post Traumatic Tinnitus?
- Can Tinnitus Be Caused By Road Traffic Accidents?
- Calculate The Value Of Your Tinnitus After A Car Accident Compensation Payout
- Symptoms And Overview Of Tinnitus
- How Long Could Post-Traumatic Tinnitus Last?
- How Is Tinnitus Treated?
- Liability For Tinnitus Caused By Car Accidents
- How Long Do I Have To Claim Tinnitus After A Car Accident Compensation?
- I Suffered Tinnitus After A Car Accident, What Should I Do?
- Tinnitus Claim – No Win No Fee Lawyers
- Other Information
- Frequently Asked Questions
Everything You Need To Know About Tinnitus After A Car Accident Compensation Claims In The UK
Road traffic accidents can result in a number of different kinds of injuries. Whilst you may be aware of some of the more obvious ailments associated with car accidents, such as a head injury or neck injury, there are some other ones that can arise.
For example, tinnitus can be caused as a result of whiplash or similar injuries. This is an ear injury that can lead to hearing a noise that no one else can hear. For example, it could take the form of a ringing, whistling, buzzing, roaring, or hissing.
Ear pain can also be an indicator of tinnitus. These symptoms can be temporary and fade relatively quickly. However, it’s also possible that they could be more persistent or even permanent.
In this guide, we will examine the symptoms of tinnitus and how medical experts can treat this condition. We will also look at the duty of care that is owed to you on the road and how this can be breached.
Furthermore, we will look at the process of claiming compensation. We’ll look at how compensation can be calculated and the different kinds of evidence that can be used to support your claim.
What Is Tinnitus Road Traffic Accident?
Just because you have tinnitus symptoms after a car accident, compensation won’t necessarily be owed to you. There are a few things that also need to apply to your case for you to be eligible to receive a settlement amount.
- Was there a duty of care? – all road users have a duty of care to keep themselves and others safe. This is accomplished by following the rules laid out in the Highway Code.
- Was this duty of care breached? – if road users do not drive safely, this can increase the risk of accidents. If someone doesn’t follow the rules in the Highway Code and injuries occur as a result, then this is known as negligence.
- Were you injured? – if you were involved in an accident and came out unscathed, then you won’t be able to claim compensation. However, you can still claim for psychological injuries such as post-traumatic stress disorder. Additionally, you could have the costs of the damage to your vehicle covered through the insurance of the negligent party.
In order to claim compensation, you need to prove that all three of these conditions were met. We will look at the evidence you could provide to support your claim later on in this guide.
What Is Post Traumatic Tinnitus?
If you have suffered a neck or head injury, this can lead to tinnitus that doesn’t arise until after the accident. This is known as post-traumatic tinnitus.
Trauma to these parts of the body can affect blood flow and the auditory nerves that are associated with the inner ear. It’s possible for an injury like this to affect just one ear, but it can also affect both.
When tinnitus is sustained due to trauma to the head and/or neck, it can be more severe than when it is caused by excessive noise. It can become very difficult to sleep, relax, or even think clearly. Concentration can become an issue, too.
Because of the impact that tinnitus can have, it could also result in mental health issues. For example, you may become depressed if you feel that you are no longer able to enjoy life or get sufficient rest because of tinnitus.
Can Tinnitus Be Caused By Road Traffic Accidents?
There are many reasons that tinnitus can develop. However, not all are relevant to road traffic accidents.
For example, some factory workers may not be supplied with sufficient ear protection. If their workplace is especially noisy, then the prolonged exposure to the unsafe volume levels could cause noise-induced hearing loss or tinnitus to arise as a result of the cumulative damage to their ears. This could be a potential instance of employer negligence.
In the context of a car accident, there are two main ways in which tinnitus could be caused. These are:
- Trauma to the head/neck – as mentioned above, this is known as “post-traumatic tinnitus” and can arise later than the date of the accident.
- Perforation of the eardrum – this is when the eardrum itself bursts or tears. It’s caused by exposure to a sudden or prolonged burst of loud noise. If your eardrum tears, it’s often accompanied by extreme ear pain. Hearing loss can also go hand-in-hand with this injury.
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.
| Injury | Description | Amount |
|---|---|---|
| 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 |
| Post-traumatic stress disorder | (c) Moderate - a recovery will have largely taken place and if there are any continuing effect, the effect will not be grossly disabling | £8,180 to £23,150 |
| 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.
Symptoms And Overview Of Tinnitus
Tinnitus can be a difficult condition to endure. As mentioned earlier in this article, if you suffer from tinnitus after a car accident, compensation can vary depending on how much the injured party’s life is affected.
Symptoms of tinnitus can be difficult to detect by a medical professional. This is because the main sign of the condition is a sound in the ear that only the injured party can hear. This sound can take the form of:
- Ringing
- Whistling
- Roaring
- Whooshing
- Hissing
- Buzzing
- Throbbing
The volume of these phantom sounds can remain consistent throughout the day, or it can fluctuate. In some cases, the sounds only coincide with the rhythm of your heartbeat. If this is the case, a doctor may also be able to hear the sound that you hear during an examination.
Because of the distracting nature of tinnitus, some of those who suffer from it can struggle with sleeping. The ongoing battle with this condition can lead to anxiety and depression. Stress can also make the sound seem louder or more distracting. Hearing loss can also often take place in sufferers of long-term tinnitus.
Some patients find cognitive behavioural therapy (CBT) useful when they are finding it difficult to adjust to life with tinnitus. This form of therapy aims to help to change the way you think about your tinnitus, which is intended to help you cope with the ongoing sounds.
How Long Could Post-Traumatic Tinnitus Last?
Depending on the extent of the damage, post-traumatic tinnitus can last for varying amounts of time. If you have sustained damage to your head or neck, it could simply be a matter of waiting for the blood supply to your ears to return to normal.
However, if your eardrum has been perforated in a road traffic accident, this could longer-lasting damage. It could be even permanent.
Hearing Loss Statistics
Facts and figures from the Royal National Institute for Deaf People tell us how common hearing loss is in the UK. It also shows the extent to which people who have hearing loss feel it’s a barrier to employment in the UK.
As we can see from the graph below, the most common barrier to employment for people suffering from hearing loss is the attitude of employers, with 79%. However, 14% of people who took part in this survey said that they did not feel that their hearing loss led to any barriers in employment.
How Is Tinnitus Treated?
Tinnitus treatments can differ depending on the underlying cause. If your tinnitus is the result of acoustic neuroma, for example, then having the tumour removed could result in the symptoms subsiding.
For other cases, there may be no cure. Sometimes, once the damage is done to the ear itself, it is irreversible. However, this doesn’t mean that there aren’t certain treatments and techniques that can alleviate the symptoms.
If you are having trouble sleeping or concentrating, sound therapy is sometimes considered. A quiet environment can make your tinnitus more noticeable to you. To combat this, you can fill the space with neutral sounds, such as the sound of a fan. Doing this can help distract you from the sounds associated with tinnitus.
Therapy also exists to help you deal with the potentially permanent nature of your condition. For example, you might be offered CBT to help you change the way you think about your tinnitus and reduce any anxiety associated with it.
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:
- Call us on 020 3870 4868
- Write to us about your claim online
- You can also chat with us using the pop-up window
Other Information
We’ve included some links for further reading on this subject and others that are similar.
- Our guide on what to do if you’re injured at work.
- This is our guide on the topic of how to make a fatal accident claim.
- Find out more about personal injury claims in general.
- NHS information on whiplash.
- Additional information on tinnitus, also from the NHS.
- Find out more about litigation friends.
Frequently Asked Questions
We have answered some of the more common questions that we are often asked.
What is Ménière’s disease?
This is an inner ear condition that can affect your balance and hearing.
It can feel like the room is spinning. This is also known as vertigo. Tinnitus can also be a symptom of Ménière’s disease. Hearing loss and the feeling of pressure in your ear or ears can be another sign.
Do I need to see an audiologist?
Any change to your hearing or ears should be investigated by a specialist. It could be caused by a deeper-lying problem. It may even be possible to reduce or remove the sounds associated with tinnitus if a physical cause is located.
What does tinnitus sound like?
What people can hear when they experience tinnitus can differ from person to person. Some may hear a high-pitched ringing sound, whilst others hear a low rumble. Whooshing and roaring are other common sounds that people describe as tinnitus.
What is acoustic neuroma?
Also known as vestibular schwannoma, this is when a non-cancerous tumour grows on the brain. It can affect certain nerves that are responsible for hearing and balance. One of the symptoms you can experience, as a result, is tinnitus.
Thank you for reading your guide on tinnitus after a car accident. Compensation could be owed to you, so get in touch and we will guide you through the process.
Writer IB
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