What Could Your Serious Injury Claim For Deafness Be Worth?
This guide aims to help people who suffered hearing loss in an accident caused by a third party breaching their duty of care. It will explain when a personal injury claim for deafness can be made, the time limits for doing so, and the evidence that could support a case.
Additionally, we discuss the duty of care owed to you by different parties in public places, at work, and on the road. You can also find examples of how a breach of this duty could lead to an accident in which you suffer damage to your hearing.
Hearing loss is a serious injury that can have a life-changing impact. If you are eligible to seek compensation, and succeed in doing so, you could be awarded a settlement that addresses the pain and suffering you experienced as a result of your injuries. Later in this guide, we will explain how a deafness injury is valued and what personal injury settlements could consist of.
The guide concludes with information on how our experienced serious injury claims solicitors could help you with your case under No Win No Fee terms.
Please reach out to our advisors for a free consultation about your potential claim. The team can let you know if you have a valid claim and what your options are. To make the most of this free service, you can:
Select A Section
- Can I Claim For Deafness Or Hearing Loss?
- Time Limits To Claim For Hearing Loss And Serious Injuries
- Evidence To Support A Claim For Hearing Loss
- Calculating Your Compensation Claim For Deafness
- Claim For Deafness With No Win No Fee Serious Injury Solicitors
Before proceeding with a personal injury claim, you must ensure you can meet the eligibility criteria. Your claim for deafness would need to show that:
- A third party owed you a duty of care;
- The third party failed to uphold their duty of care;
- As a result of the breach, it led to you becoming harmed physically and/or mentally in an accident.
Occupiers, employers and road users are all examples of third parties who owe a duty of care. Below, we have outlined the legislation that sets out their duty of care, as well as show how a breach of duty could cause an accident and resultant hearing loss.
What Causes Hearing Loss In Public Places?
The party who has control over a public place is known as an occupier. The duty of care they owe is to keep those using the space for it’s intended purpose reasonably safe while they are on the premises, as set out in the Occupiers’ Liability Act 1957. If an occupier does not take steps to ensure the safety of visitors, it could lead to them being harmed in an accident in a public place.
Example: A bar owner does not ensure that the sign on their storefront is secure. A customer leaving the bar is struck hard on the side of the head when the sign comes loose and falls. They suffer a brain injury which leads to loss of hearing in one ear.
What Causes Hearing Loss At Work?
The Health and Safety at Work etc. Act 1974 places a duty of care on employers. Section 2 of the Act outlines the requirement to take all reasonably practicable steps to keep employees safe from harm. Hearing loss could result from an accident at work caused by an employer’s failure to adhere to this duty.
Example: No assessment is conducted to determine the potential risks of working from a height before instructing an employee to carry out work of this nature. As a result, they fall from a height and sustain a severe head injury that leads to partial deafness.
What Causes Hearing Loss In Road Accidents?
Those navigating the road have a duty to do so in a way that keeps themselves and others safe from harm or damage. Road users need to follow the rules provided by the Road Traffic Act 1988 and the Highway Code to uphold their duty of care. A road traffic accident could occur if they breach the duty they owe.
Example: A car crash on the motorway occurs after a lorry driver fails to check their mirrors before changing lanes resulting in them colliding with the side of another vehicle. This results in the car driver sustaining brain damage with subsequent loss of hearing.
Please speak to our advisors if you want to discuss the specific circumstances surrounding your accident. They can determine whether you’re eligible to make a serious injury claim for deafness.
When making a claim for deafness, you must consider the time limit set out by The Limitation Act 1980. Typically, a personal injury claim has to start within three years of the accident that caused the injury. However, the time limits could differ in certain cases.
You can find out more about the exceptions that could be made to the limitation period by calling our team on the number above.
Personal injury claims can be supported by relevant evidence that proves a third party’s breach of duty and the injury it has caused. For example, you could gather:
- Copies of your medical records.
- A diary charting your treatment and symptoms.
- CCTV or dashcam footage of the accident and its cause.
- Photographs of the accident scene.
- Witness contact details.
- An official record like a workplace accident book entry, or a police report.
Our panel of solicitors can assist you in gathering evidence to build a strong claim for deafness. Please get in touch with our advisors to find out whether you could be eligible to instruct a solicitor from our panel and benefit from the services they offer.
A settlement awarded following a successful personal injury claim for deafness can feature up to two heads of claim. These are:
- Special damages. Awarding compensation for monetary losses incurred due to your injuries. Examples include the cost of a hearing aid or a loss of earnings from being unable to return to work. You can provide evidence of these losses, such as receipts and wage slips.
- General damages. Awarding compensation for the pain and suffering, both psychical and mental, resulting from your injuries.
In order to accurately calculate the value of general damages, the guideline compensation brackets in the Judicial College Guidelines can be referred to. You can find a selection of these figures in the table below. However, please only use them as a guide because settlements can vary.
|Multiple Injuries - Serious||Compensation for a variety of injuries of a serious nature as well as financial losses.||Up to £1,000,000+|
|Brain or Head - Very Severe||The level of award given will depend on factors such as sensory impairment, and the ability to communicate with or without assistive technology.||£282,010 to £403,990|
|Deafness - Complete Loss Of Hearing In Both Ears||The lower end of the bracket is appropriate for cases without any speech deficit or tinnitus.||£90,750 to £109,650|
|Loss of earnings||Under special damages, compensation can be awarded to reimburse lost income incurred due to time taken off work to recover from injuries.||Up to £100,000 and above|
For a free valuation of your serious injury claim for deafness, please contact an advisor on the number above.
The solicitors from our panel have experience handling serious injury claims and could offer you the terms of a Conditional Fee Agreement (CFA.)
A CFA is one particular kind of No Win No Fee contract, the terms of which generally stipulate that you aren’t required to pay for a solicitor’s services as the claim starts or while it is in progress. You also do not have to pay for the work they have completed on your case if it does not succeed.
The solicitor will take a success fee if you are awarded a settlement. This is deducted as a percentage of your compensation. However, the amount they can take is capped by The Conditional Fee Agreements Order 2013.
Get Expert Help With Your Claim
Our advisors can give a free assessment of your potential claim. If you have valid grounds to proceed, you could be put through to one of the solicitors on our panel who could begin working on your claim for deafness. You can reach out now by:
Related Serious Injury Claim Resources
You may also find these guides helpful:
- How to make a tinnitus claim after a car accident.
- A guide to eye injury at work claims.
- Looking at personal injury claims for head injuries.
For some relevant resources:
Thank you for reading our guide on making a serious injury claim for deafness. Please get in touch with our advisors if you have any other questions.
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