If you’re looking into how to sue for hearing loss or deafness, look no further. Our panel of solicitors have decades of experience in winning compensation for clients suffering from hearing loss. Incidents that affect the ears often happen via accidents at work, public liability accidents, or road traffic accidents.
If you believe you could claim compensation for one or multiple injuries, we’re here to help. You’ll find key information regarding personal injury claims in our guide, including who is eligible to claim, time limits and evidence, and how much compensation you could receive.
Key Takeaways
- Not all accidents mean you can sue for hearing loss compensation.
- You’ll need the right kinds of evidence to pursue a claim.
- You could be awarded compensation to help with your financial losses.
- You have 3 years to make a claim of this kind.
- You can claim on a No Win No Fee basis with our panel.
Want to see if you’re eligible? Select a contact method below.
- Call us on 0800 408 7827.
- Fill in our contact form.
- Choose the live chat option.
Jump To A Section
- How To Sue For Hearing Loss Or Deafness
- How Much Hearing Loss Or Deafness Compensation Can I Get?
- What Is Considered When Calculating My Compensation?
- Common Examples Of Hearing Loss Claims
- Is There A Time Limit For Hearing Loss Claims?
- Can I Sue For Hearing Loss Or Deafness On A No Win No Fee Basis?
- More Information
How To Sue For Hearing Loss Or Deafness
Depending on how your hearing loss injury occurred, you may be eligible to claim compensation. In order to claim, the below three things must be true.
- You are owed a duty of care.
- This duty of care was breached.
- You suffered harm as a result of this breach.
A duty of care is the responsibility an individual or organisation has towards you to take reasonable steps towards your safety. There are three main kinds of duty of care relevant to suing for hearing loss:
- Your employer’s duty of care, as laid out in the Health and Safety At Work etc Act 1974.
- Road users’ duty of care towards each other, part of which involves compliance with the Road Traffic Act 1988 and the Highway Code.
- An occupier’s (such as the local council) duty of care towards you while using their public premises, outlined in the Occupiers’ Liability Act 1957.
You may also be able to claim if you are partially responsible for an accident, referred to as split liability, though this depends from case to case. For further queries regarding compensation eligibility and how to sue for hearing loss or deafness, contact our team.
What Can I Do After Suffering From Hearing Loss?
After suffering an accident that led to hearing loss, you may be feeling confused about the next steps to take. The first thing to do is collect evidence. We recommend the following types for a hearing loss claim:
- Medical reports showing the treatment you have received.
- Contact details of any witnesses (you may require a solicitor to do this for you).
- An assessment from a professional audiologist (or another relevant medical expert).
Then, contact reputable personal injury experts like the team at How To Sue. We can take the details of your case and see if it’s eligible to become a claim with one of the solicitors on our panel, such as our specialist work injury solicitors.
How Much Hearing Loss Or Deafness Compensation Can I Get?
You could receive between £133,810 to £171,680 for total deafness and loss of speech. This is according to the Judicial College Guidelines (JCG), which is a document that provides a guideline list of compensation figures for different types of injuries, including those related to hearing loss.
The table below contains some additional figures to give you an idea of how much compensation you could be awarded for hearing loss. These figures are intended to be a guide only. The compensation payout you receive may be more or less. Please also be aware that the figure in the first row is not from this document.
| TYPE OF INJURY | SEVERITY | GUIDELINE COMPENSATION |
|---|---|---|
| Multiple Injuries + Special Damages | Severe injuries plus related costs, such as lost wages and hearing aids. | Up to £300,000+ |
| Deafness/Tinnitus Injuries | Total Deafness and Loss of Speech | £133,810 to £171,680 |
| Total Deafness | £110,750 to £133,810 | |
| Total Loss of Hearing in One Ear | £38,210 to £55,570 | |
| Severe Tinnitus and Hearing Loss | £36,260 to £55,570 | |
| Moderate Tinnitus with Hearing Loss or Sole Severe Tinnitus/ Hearing Loss | £18,180 to £36,260 | |
| Mild Tinnitus with some Hearing Loss | £15,370 to £18,180 | |
| Occasional Tinnitus with Slight Hearing Loss | £8,890 to £15,370 | |
| Mild Tinnitus or Mild Hearing Loss | Around £14,300 | |
| Acceleration of, or Time-Limited Need for, the Use of Hearing Aids | £6,100 to £11,840 | |
| Hearing Loss sans Tinnitus or Tinnitus without Hearing Loss | Up to £8,560 |
What Is Considered When Calculating My Compensation?
Compensation is calculated using general damages and special damages, which you can read more about below.
General Damages
The figures in the above table are general damages. Based on the pain and suffering an injury cause you, general damages compensation also focuses on the effect an injury has had on your everyday life and what you can and can no longer do.
Special Damages
In addition to general damages, the majority of personal injury claims include special damages. Special damages compensate you financially for losses the injury may have caused – for example, loss of earnings due to being unable to work. You can also claim special damages for:
- Ongoing medical treatment – including private treatment
- Medical devices such as hearing aids
- Transportation to and from medical appointments
to name just a few. You will need evidence like bank statements or receipts to prove financial losses when claiming. Our advisors can tell you more about special and general damages and how compensation works in general.
Common Examples Of Hearing Loss Claims
Three of the most common examples of developing partial or permanent hearing loss are deafness caused by a head injury, tinnitus caused by an accident, or acoustic shock. You can find examples of for each of these situations below.
Head Injury Caused Deafness
If you developed hearing loss due to a head injury but aren’t sure if your employer was at fault, look at the examples below.
- You were asked to work from a height without being given the correct personal protective equipment (PPE) by your employer. When you fell, your head was not protected by a helmet, causing a head injury that led to partial hearing loss.
- You fell down some stairs at a restaurant after slipping on a wet floor that hadn’t been indicated with the appropriate signage, leading to hearing damage after you hit your head.
Accident Caused Tinnitus
Tinnitus manifests as a ringing, whooshing, or buzzing sound in the ears. It’s a common side effect of many accidents, including road traffic accidents. However, you can develop tinnitus from any kind of accident. We’ve come up with some examples of how accident-induced tinnitus can happen.
- A driver failed to indicate in time to change lanes and crashed into your car, causing your head to snap forward and you to develop tinnitus and whiplash.
- Your employer does not provide you with the correct training or PPE to handle items at risk of explosion, causing an object to loudly explode when you carry it and induce tinnitus amongst other injuries.
Acoustic Shock
Per the Health and Safety Executive (HSE), acoustic shock is when the body experiences a psychological shock to a sudden loud noise through a phone headset. This noise is usually high-pitched, but doesn’t have to be. The HSE monitor workplace health and safety in Great Britain. An example of acoustic shock would be:
- Your employer does not purchase headsets with the correct acoustic limiter. Unexpected loud noise exposure when speaking to a customer on the phone leads to you suffering acoustic shock through the incorrect headset.
If you want to know more about incidents that can lead to hearing loss, call us, click the live chat, or fill in our form. An advisor from our team can talk you through the incident that caused your injury and advise on how to sue for hearing loss or deafness.
Is There A Time Limit For Hearing Loss Claims?
Yes – under the Limitation Act 1980, there is a 3-year time limit for pursuing hearing loss compensation. This 3 years begins from the date of the accident most of the time, though this isn’t always the case. There are two main exceptions to this time limit because the injured party cannot manage their own claim:
- The claimant is under 18.
- The claimant lacks mental capacity.
The time limit will not apply to injured persons without the capacity to claim unless they regain this mental capacity. If this occurs, then they have 3 years from that date in which to begin a claim. For those under 18, the time limit begins once they turn 18 and runs until the date of their 21st birthday.
Alternatively, those under 18 and those lacking mental capacity can have the claim handled by a litigation friend. This allows minors and other exceptions to claim sooner under the Limitation Act 1980. Unsure if you’re within the time limit or want to know more about litigation friends? Get in contact to discuss how to sue for hearing loss or deafness.
Can I Sue For Hearing Loss Or Deafness On A No Win No Fee Basis?
With How To Sue, you can claim on a No Win No Fee basis if you have strong grounds to seek compensation for hearing loss. Our panel of solicitors all offer a No Win No Fee arrangement called a Conditional Fee Agreement (CFA) to support claimants through the claims process. A CFA means:
- You pay solicitor’s fees only if you receive compensation from a successful hearing loss claim.
- This is known as a ‘success fee’ and the percentage that can be taken from your compensation is subject to a legislative limit.
- So you will receive the majority of your compensation.
- You do not have to pay these fees if you are not awarded compensation.
Because of this, you can claim without the worry and financial stress of paying for a solicitor’s services upfront or as the claim progresses.
Get Help From How To Sue
To receive extra guidance and information about hearing loss compensation claims, reach out to our advisors today by:
- Calling us on 0800 408 7827.
- Filling in our contact form.
- Choosing the live chat option.
If one of our highly experienced advisors thinks your claim is eligible, you will be connected with a solicitor from our panel to begin your personal injury claim.
More Information
The links below lead to some more of our guides and trusted external sources with more information regarding hearing loss and personal injury claims.
Internal Links
- See how to sue a company for negligence.
- Read about suing for a warehouse accident.
- See how to sue for a minor injury at work.
External Links
- Discover if you’re entitled to Statutory Sick Pay (SSP) via GOV.UK.
- Read about the signs of hearing loss via NHS.UK.
- Find out more about health and safety with this guide for employees from the HSE.
We hope our guide on how to sue for hearing loss or deafness has answered your questions. However, if you have any more, our advisors are always here to help.