By Jo Anderson. Last Updated 28th November 2024. Have you suffered ear damage that has caused you pain or impacted your quality of life? Was the ear damage you sustained a result of a breach of duty of care? If so, you could be entitled to ear damage compensation.
Suffering ear damage can lead to significant pain and suffering that impact your daily life. Furthermore, you could also notice an impact on your hearing which can affect the things you’re able to do. In some serious cases, you may even be left unable to continue in your job role because of the injuries you sustained.
You can contact our team of advisers today to receive 24/7 free legal advice about your case. If your claim is valid, they could then connect you with an expert personal injury solicitor to begin the claims process.
You can get in touch with our team of advisers by:
- Giving them a call on 0800 073 8801 to discuss your claim.
- Fill in our online claims form to receive a response whenever suits you.
- Have a chat with one of our advisers via our live chat pop-up box to receive a reply straight away.
Select A Section
- When Am I Eligible To Claim For An Ear Injury?
- How Long Do I Have To Claim For Ear Damage?
- Common Accidents That Can Cause An Ear Injury
- Evidence For An Ear Injury Claim
- Calculating Ear Damage Compensation Claims
- No Win No Fee Claims For Ear Damage Compensation
- Essential References
When Am I Eligible To Claim For An Ear Injury?
To be eligible to make a personal injury claim if you have suffered an injury to the ear, you would need to prove:
- Someone owed you a duty of care.
- They breached this duty of care.
- You suffered an ear injury due to their breach.
Various parties owe you a duty of care, such as:
- Owners/operators of public premises – Those in charge of public places owe members of the public a duty of care under the Occupiers’ Liability Act 1957. They must make sure their premises are reasonably safe to use for their intended purposes.
- Employers – Employers all owe their employees a duty of care under the Health and Safety at Work etc. Act 1974 (HASAWA). They must take steps that are reasonable to prevent the risk of injury or illness to their employees.
- Road users – All road users owe everyone using the roads a duty of care. They must use the roads in a manner that will not cause harm to themselves or others by adhering to the Road Traffic Act 1988 and following the rules contained within the Highway Code.
There are various way you could suffer damage to your ears. For example, you may suffer an ear injury from getting hit by a car and the airbag exploding. However, you must meet the aforementioned eligibility requirements in order to have a valid personal injury claim.
To check the eligibility of your case, you can contact a member of our team today.
How Long Do I Have To Claim For Ear Damage?
When making an ear injury claim, as with all personal injury claims, you must start legal proceedings within 3 years of the accident date. This time limit is set out by the Limitation Act 1980. There are also certain exceptions to this.
If a child suffers an ear injury from being hit by a car, for example, they would not be able to launch their claim until they reach 18 years of age. From this date, they will then have 3 years to do so. Alternatively, a litigation friend could begin legal proceedings on their behalf.
For those who lack the mental capacity to make their own legal proceedings, the time limit is frozen. A litigation friend could act on their behalf during this time. Should a claim not be made on their behalf, and their mental capacity is recovered, they will have 3 years to begin the claiming process from the date of recovery.
If you have suffered an injury to the ear and would like to know whether you are within the time limit to start a personal injury claim, contact our advisors.
Common Accidents That Can Cause An Ear Injury
There are various types of accidents that could cause you to suffer an injury to the ear. Some examples could include:
- Car accidents – If someone crashes into your car, the loud noise of the airbag deploying could cause you to suffer an injury to your eardrum and a ringing and buzzing sound in your ear due to this.
- Accidents in public places – Again, there are many injuries that could involve the ear from an accident in a public place. Trips, slips and falls could cause the loss of an ear itself due to falling into sharp objects or permanent damage to the ear canal from penetrating injuries.
- Workplace accidents – Accidents involving industrial machinery could also damage the ear. For example, if a guard is not fitted to a machine correctly, this could result in debris flying out, which could cause an injury to your ear.
These are only a few examples of how an ear injury could occur. To see whether you may have a valid ear injury compensation claim, please contact an advisor.
Evidence For An Ear Injury Claim
If you are eligible to make a personal injury claim after suffering an injury to the ear, you will need to submit evidence to support your case. The evidence you may be able to collect would differ depending on the facts and circumstances of your case. Typically, however, the below types of evidence could be useful.
- Medical evidence – If you have seen a doctor or another medical professional about your ear injury there will be a record in your medical notes. This could be useful evidence to back up your claim.
- Witness details – If someone witnessed the accident in which you were injured, they could be approached at a later date to provide a statement.
- Evidence of the accident – Photographs, CCTV footage or accident reports could all form part of the evidence you submit with your claim.
- Documentary evidence of cost and losses – If you have suffered financial losses or costs due to your injuries, you will need to submit evidence of them. This could include payslips, bank statements and invoices.
To learn more about gathering evidence to make a claim for an ear injury from getting hit, falling, or being in any other type of accident, please contact an advisor.
Calculating Ear Damage Compensation Claims
While we don’t have a hearing loss compensation calculator as such, we can tell you how ear damage compensation is calculated.
If your claim is successful, you could receive compensation for two heads of loss. These heads of loss are called special and general damages.
General damages is the head of loss which you will definitely receive if you’re successful. This compensates you for how your ear damage has affected you physically and psychologically. These factors are some that are looked at under this head of loss:
- The severity of the pain.
- Loss of amenity.
- The extent of the damage.
Legal professionals may ask you to have an independent medical assessment during the claims process. They can use any reports from this assessment and the Judicial College Guidelines (JCG) to help them calculate your general damages.
The JCG published guideline compensation figures for varying physical and psychological injuries.
Hearing Loss Guideline Compensation Table
From the JCG, we have taken some ear damage injuries and their accompanying guideline compensation figures to make the table below.
However, the top figure is not from the JCG, and the value of your ear damage compensation may differ from these figures. This is because all claims are unique.
| Injury | Severity | Notes | Compensation |
|---|---|---|---|
| Multiple serious injuries plus special damages | Serious | Multiple serious injuries plus special damages such as loss of earnings and travel expenses. | Up to £250,000+ |
| Deafness/tinnitus | Total deafness (b) | Total deafness. The lower end of the bracket is when there aren’t tinnitus or speech issues. The higher end of the bracket is when both of these are present. | £110,750 to £133,810 |
| Total hearing loss in one ear (c) | If the person suffers headaches, tinnitus or dizziness, they may be awarded the higher end of the bracket. | £38,210 to £55,570 | |
| Partial hearing loss and/or tinnitus (d) (i) | Severe tinnitus and NIHL. | £36,260 to £55,570 | |
| Partial hearing loss and/or tinnitus (d) (ii) | Moderate NIHL and tinnitus, moderate/severe tinnitus, or NIHL on its own. | £18,180 to £36,260 | |
| Partial hearing loss and/or tinnitus (d) (iii) | Mild tinnitus and some NIHL. | £15,370 to £18,180 | |
| Partial hearing loss and/or tinnitus (d) (iv) | Mild tinnitus or mild NIHL on its own. | Around £14,300 | |
| Partial hearing loss and/or tinnitus (d) (v) | Occasional or slight tinnitus with slight NIHL. | £8,890 to £15,370 |
Special Damages
Special damages is the head of loss which you might additionally receive if you’re successful. This compensates you for how your ear damage has affected you financially. For example, you may have suffered:
- Loss of earnings for not being able to work due to your hearing loss.
- The cost for hearing aids and specialist equipment.
- Travel expenses to and from appointments regarding your hearing loss.
Since special damages are not awarded in every successful claim, having evidence of your financial losses is crucial. So, please keep any receipts, bank statements, invoices, and payslips that can support your claim for special damages.
To learn more about how ear damage compensation is calculated, please contact us today.
No Win No Fee Claims For Ear Damage Compensation
A No Win No Fee agreement, sometimes called a Conditional Fee Agreement (CFA), is a contractual agreement between you and your personal injury lawyer. It outlines the conditions your solicitor has to meet before receiving payment.
It states that if they lose your claim, you don’t have to pay any of your solicitor’s fees. You also won’t be asked to make a payment upfront or while the claim is ongoing.
If your case is successful, your solicitor will deduct a small, legally capped percentage of your compensation. You will agree upon this with your lawyer beforehand.
Our team of advisers are happy to have a chat with you about No Win No Fee agreements. If your claim has a good chance of success, you could also be connected with a solicitor to represent you.
You can contact our team of advisers by:
- Ringing them on 0800 073 8801 to receive legal advice for free.
- Put your information into our online claims form to receive a reply at your nearest convenience.
- Chat with an adviser through our instant live chat pop-up box for an immediate response.
Essential References
Earache – If you’ve been suffering from earache, this NHS guide includes medical information you should know.
Ear Infections – If you think you may be suffering from an ear infection, this NHS article explains the symptoms and treatment.
Hearing Loss – Are you experiencing hearing loss? If so, this NHS guide explains the signs, causes, treatment and prevention.
Clinical & Medical Negligence Claims– Have you suffered medical negligence? Our article explores how to make a clinical negligence claim.
A Guide To Work Accident Claims Time Limits – If you’ve suffered an accident at work, this guide explores the time limits to make a personal injury claim.
Claiming for a Broken Ankle – Our guide looks at the process of claiming for a fracture to your ankle.
Thank you for reading our guide about ear damage compensation.
