By Jo Anderson. Last Updated 10th January 2024. In this guide, we will look at the process of claiming tinnitus after a car accident compensation. If you’re in a road accident caused by the negligence of someone who had a responsibility to consider your safety, you could be owed compensation. This guide will explain how to claim and how your settlement amount could be valued.
This guide will address how you can prove your injury, as this is an important aspect of successfully claiming. We’ll also look at the duty of care that you are owed when on the road, and how a breach of this duty can occur.
Tinnitus after a car accident claim guide
You might also be wondering how tinnitus can occur after a road traffic accident and the effect that this can have on your quality of life. In order to address this, we’ll look at some of the symptoms of this kind of injury and what kinds of accidents can cause it.
If you have any more questions about the process of claiming, or would like to start your claim, speak with one of our advisors today. You can get in touch with us by:
- Calling 0800 073 8801
- Completing our online form
- Using our Live Chat feature
Select A Section
- Can I Claim Compensation For Tinnitus After A Car Accident?
- What Is Tinnitus And Hearing Loss?
- Symptoms Of Hearing Loss And Tinnitus
- How Do Road Traffic Accidents Cause Tinnitus?
- Treating Tinnitus After A Car Accident
- Liability For Tinnitus After A Car Accident Compensation Payouts
- Calculating Claims For Tinnitus After A Car Accident Compensation
- What Other Compensation Can I Get For Tinnitus?
- Tinnitus After A Car Accident Compensation Claims With No Win No Fee Solicitors
- Start Your Tinnitus Road Traffic Accident Claim
- Read More About RTA Claims
Can I Claim Compensation For Tinnitus After A Car Accident?
In order to make a personal injury claim for any kind of accident, whether it’s a road traffic accident, an accident at work or an accident in a public place, you need to prove that you sustained an injury as a direct result of negligence.
In short, the following criteria need to apply in order for you to make a successful claim for compensation:
- A third party owed you a duty of care
- This duty of care was breached; and
- As a result of this breach, an accident occurred in which you were injured.
There are several circumstances where a duty of care applies. This article will focus on the duty of care that applies when you’re on the road.
All road users have a duty of care to all other users of the road. This means that everyone on the road has a responsibility to keep others safe. Road users should conduct themselves with the standard of skill and care of the average motorist.
The Road Traffic Act 1988 is the legislation that outlines this duty of care. Road users can also look to the Highway Code for information on the steps they should take to help ensure themselves and others on the road are safe.
Read on to learn more about what can help you to prove this breach of duty in a claim for tinnitus after a car accident compensation.
How Long Do I Have To Claim For Tinnitus After A Car Accident?
If you are eligible to make a personal injury claim for tinnitus from a car accident, you’ll need to start your claim within the time limit set out in the Limitation Act 1980. Usually, you have three years from the date you were injured to begin your claim. However, there are exceptions to the limitation period.
For example, the time limit is frozen for minors until their 18th birthday. From this date, they will have three years to begin proceedings. Alternatively, a court-appointed litigation friend could make a claim on their behalf prior to their 18th birthday.
Those who lack the mental capacity to make their own claim will have the time limit suspended indefinitely. During this time, a litigation friend could act on their behalf. If the claimant were to regain this mental capacity, and a claim was not already made for them, they will have three years to do so from the date of recovery.
To find out if you have enough time to start a claim for compensation for tinnitus, you can contact our advisors.
What Is Tinnitus And Hearing Loss?
Tinnitus and hearing loss are two conditions that you could experience as the result of a breach of duty of care. However, the conditions and the effects that they cause do differ.
Tinnitus describes a condition where you hear noises that are not caused by external sources. A lot of the time, tinnitus can improve on its own.
Hearing loss can happen naturally as you get older. However, it can also occur as the result of a single incident like a car accident. You could claim compensation if the accident that caused your hearing loss happened because the duty of care that you were owed was breached.
While both of these conditions can be relatively minor, they can also cause problems for the person who is affected. As a result, your quality of life may be impacted with you suffer from either of these conditions as the result of a breach of duty of care.
For more guidance on claiming compensation for tinnitus after a car accident, speak with one of our advisors today.
Symptoms Of Hearing Loss And Tinnitus
If you experience tinnitus, you might notice that you’re able to hear any of the below sounds without an external source:
- Ringing
- Whooshing
- Buzzing
- Humming
- Hissing
- Throbbing
- Music/singing
If you experience tinnitus after a car accident, it might be because of a perforated eardrum. Some of the other symptoms of this injury include:
- Hearing loss
- Earache
- An itchy ear
- Fluid coming from the ear
- A high temperature
- Ringing/buzzing in the ear
In some cases, you might undergo surgery to repair a perforated eardrum. There are also options available for treating tinnitus; however, much of the time, this is treatment that changes the way you think about and experience tinnitus rather than fixing the issue completely.
The symptoms of hearing loss are quite self-explanatory; you’re no longer able to hear as well as you could. However, it can be difficult to tell whether your hearing has deteriorated. Some signs that it has might include:
- Difficulty hearing others in noisy environments
- Asking people to repeat what they have said
- Needing to turn the volume up on the TV or radio
- Problems with hearing people in phone conversations
- Feeling tired and stressed because of the energy it takes to concentrate on listening
For more information on claiming tinnitus after a car accident compensation, speak with our team of advisors today.
How Do Road Traffic Accidents Cause Tinnitus?
There are various ways that you could suffer from tinnitus after a car accident. For example, you could suffer from tinnitus due to the loud sound the airbag makes when it deploys during a car crash.
The force of a car accident could also cause you to suffer a head or neck injury. This sudden jolting movement of the neck or impact against your head could also cause damage to your eardrum and result in tinnitus.
To learn more about car accident claims involving tinnitus, please contact an advisor. They will be happy to discuss your case in more detail and provide you with free advice.
Liability For Tinnitus After A Car Accident Compensation Payouts
In order to get compensation for tinnitus after a car accident, you will need to show that a breach of duty of care on the part of another road user caused you to be injured.
As we have already touched upon in this guide, all road users owe one another a duty of care. The way that road users are expected to act is outlined in the Highway Code.
How Can I Prove My Claim?
There are some steps that you can take after the accident occurs that might help to support your claim and show that the other party was at fault. These include:
- Seeking medical attention. You should do this after you’ve been injured in an accident for your own benefit, as it will ensure that you get any treatment you need for your injuries. However, this will also generate a medical report. This can then be referred to when your claim is being assessed.
- Taking photographs. You could take photos of the scene of the accident and the damage to the vehicles. For example, if you take a photograph that shows damage to the back of your vehicle and the front of the other car, this could indicate that you’re not at fault; this is because, in rear-end accidents, the following car will often be at fault for failing to leave a safe stopping distance.
- Collecting contact details. In some instances, there may be people who have seen what happened and can provide a statement in support of your claim. You can take their contact details so that they can provide a statement at a later date.
- Requesting CCTV. CCTV, for example from a shop, could catch the accident on camera. You can request this to support your claim. You can also use dashcam footage.
For further guidance on the steps you can take after being injured to support your claim for tinnitus after a car accident compensation, speak with an advisor today.
Calculating Claims For Tinnitus After A Car Accident Compensation
There is no one answer to the question “how much compensation could I receive for tinnitus?”. This is because all claims are based on individual circumstances.
When you make a claim for personal injury compensation, you can receive two different heads of claim. The first of these is general damages, and this compensates you for the pain and suffering that your injuries have caused you. This pain and suffering can be physical or psychological.
As part of your claim, you may be invited to a medical assessment. This is so that your injuries can be assessed. A report will be generated from this appointment which will be used to value your claim.
We have included the table below showing some guideline compensation brackets from the Judicial College Guidelines. This is a document that can be used to help value claims.
| Injury | Compensation | Notes |
|---|---|---|
| Multiple injuries that are severe, inclusive of financial costs and losses. | Up to £250,000+ | A combination of severe injuries with associated losses and costs such as care costs or medical expenses, for example. |
| Total deafness | £90,750 to £109,650 | Higher end of the bracket will involve tinnitus and have an impact on speech |
| Total loss of hearing in one ear | £31,310 to £45,540 | Towards the higher end of the bracket will be appropriate where there are associated problems like dizziness or headaches. |
| Tinnitus and or Partial Hearing Loss (i) | £29,710 to £45,540 | Severe tinnitus and noise induced hearing loss |
| Tinnitus and or Partial Hearing Loss (ii) | £14,900 to £29,710 | Moderate tinnitus and hearing loss or moderate to severe tinnitus alone |
| Tinnitus and or Partial Hearing Loss (iii) | £12,590 to £14,900 | Mild tinnitus with some noise induced hearing loss |
| Tinnitus and or Partial Hearing Loss (iv) | Around £11,720 | Mild tinnitus alone, or mild hearing loss alone |
| Tinnitus Tinnitus and or Partial Hearing Loss (v) | £7,360 to £12,590 | Slight or occasional tinnitus with slight hearing loss |
| Tinnitus Tinnitus and or Partial Hearing Loss (vi) | Up to £7,010 | Slight hearing loss without tinnitus, or slight tinnitus with no hearing loss |
Read on for information on what other kinds of damages could be included in tinnitus after a car accident compensation. You can also get in touch with our advisors for a no-obligation assessment of the value of your claim.
What Other Compensation Can I Get For Tinnitus?
The second potential head of your claim is special damages. This will compensate you for the financial impact of your injury.
Special damages can include:
- Travel costs to and from medical appointments
- The cost of additional medical care (for example, counselling that you cannot get on the NHS)
- Loss of earnings if you have had to take time off work to recover
In order to claim special damages, you will need to provide evidence. For example, you could show receipts for the cost of taxis to and from medical appointments, or payslips to demonstrate the earnings you have lost.
For more information on the special damages you could include in a tinnitus after a car accident compensation claim, speak with an advisor today.
Tinnitus After A Car Accident Compensation Claims With No Win No Fee Solicitors
When making a personal injury claim, it helps to use a No Win No Fee solicitor. A solicitor can offer guidance and support that could help the claims process run more smoothly.
However, you might be concerned about the cost of hiring a solicitor. If this is the case, you might benefit from a No Win No Fee agreement.
A No Win No Fee agreement is an agreement that sets out what conditions need to be met before a payment is made to your solicitor. It means that there is nothing to pay upfront or as the claim progresses.
Furthermore, if your No Win No Fee claim is unsuccessful, there is nothing to pay your solicitor. The only time you will be expected to pay them is if your claim is a success. Then, a legally-capped percentage will be deducted from your compensation as a success fee.
Please speak to us about making a No Win No Fee claim for tinnitus after a car accident compensation. If you have a valid claim, you could be connected with a No Win No Fee solicitor from our panel.
Start Your Tinnitus Road Traffic Accident Claim
As mentioned, our advisors are on hand and waiting to hear from you. They can provide you with free legal advice about the process of claiming.
Furthermore, if they feel you have a valid claim, you could be connected with a No Win No Fee solicitor to work on your claim. You can find our contact details below:
- Telephone 0800 073 8801;
- Our contact form
- Our 24/7 live chat feature in the corner of this page
Read More About RTA Claims
Hopefully, this guide has answered your questions about making a tinnitus after a car accident compensation claim. Below, we have included some more of our guides that you might find helpful:
Fatal accident claims
Claiming if you were hit by a car at a junction
Information on the symptoms of a whiplash injury
THINK! is the government’s road safety campaign
You can request CCTV footage that you appear in
The NHS provides guidance on using hearing aids.
Thank you for reading our claim about claiming tinnitus after a car accident compensation.
