Claim compensation for hearing loss or deafness

If you’ve suffered deafness or hearing loss due to an accident that wasn’t your fault, we can help you make a hearing loss compensation claim.

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hearing loss claims

Hearing Loss Claims

Hearing is one of our most important senses, yet it is often taken for granted. It is a complex process that involves the outer, middle, and inner ear and helps us communicate, interact socially, and be aware of our environment.

Hearing loss can be caused by various injuries and illnesses, varying from mild impairment to total deafness. This condition can profoundly impact daily activities and your quality of life.

If you are suffering from hearing loss due to someone else’s negligence, you may be eligible to make a personal injury claim. Some common situations that could damage your hearing include road traffic accidents, exposure to loud noises at work, suffering trauma to the eardrum during a criminal assault and medical negligence.

To find out if you have a valid hearing loss claim, call 0800 470 0474 for a free case assessment. Alternatively, you can enter your details into our online contact form to request a call back.

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    What is hearing loss?

    Hearing loss is a medical condition in which your ability to hear sounds is partially or entirely diminished.  It can develop gradually due to ageing, prolonged exposure to loud noises or genetic conditions. It can also have a sudden onset, which can be caused by trauma to the head or eardrum, infections or acoustic shock.

    In the UK, there are approximately 12 million people who suffer from some form of hearing loss, making it the second most common disability. Of these, about 900,000 people are severely deaf. Many people with hearing loss also have tinnitus and may also have balance difficulties, which further affects their quality of life.

    There are three types of hearing loss:

    • Conductive: the sound cannot pass through the ear canal or middle ear to reach the inner ear (for example, you have a perforated eardrum);
    • Sensorineural: it is caused by damage to the inner ear or auditory nerve (due to ageing or noise exposure);
    • Mixed: a combination of the two, where both the outer or middle ear and the inner ear are affected (could be due to head trauma or infections).

    Furthermore, hearing loss can affect one or both ears and be either temporary or permanent.

    What are the symptoms of hearing loss?

    Most people lose their hearing gradually, and the symptoms are not always evident or are not the same in every person. Some signs that may indicate damage to your hearing include:

    • Difficulty understanding and following conversations, especially in noisy environments or when more people are talking;
    • People’s voices and other sounds may seem muffled, unclear or distant;
    • Frequently asking others to repeat what they said;
    • A constant feeling that people are mumbling;
    • Listening to music or the TV at higher volumes than other people need;
    • Often feeling stressed or tired due to the physical effort to focus when listening;
    • A persistent ringing, buzzing, or humming sound in the ears, known as tinnitus;
    • Being constantly bothered by background noise;
    • Difficulty understanding from which direction the noise is coming;
    • Ear pain or feeling as if there is pressure or fluid inside of it;
    • Double hearing, known as diplacusis.

    In babies and younger children, the signs and symptoms of hearing damage can be hard to observe, but you should visit your GP if you notice that they:

    • Are not startled by loud noises;
    • Do not say a word before the age of one;
    • Do not turn toward the source of a sound;
    • Often talk very loudly;
    • Do not reply when you call them;
    • Turn up the volume on the TV, computer or telephone;
    • They are not clear when they speak.

    If you or a loved one are experiencing hearing loss symptoms, it is essential to seek medical care as soon as possible to receive a diagnosis and prevent further damage.

    What can cause deafness or damage to hearing?

    Hearing loss can occur due to various causes, including:

    • Ageing;
    • Fluid in the middle ear from allergies or colds;
    • Ear infections (otitis) due to bacteria or viruses;
    • Issues with the Eustachian tubes;
    • Ear tumours;
    • Problems due to intrauterine infections, birth asphyxia or severe jaundice after birth;
    • Being constantly exposed to high levels of noise that damage the hair cells in the cochlea;
    • Direct trauma to the head or ear due to accidents such as car collisions, falls or being hit during sports or a criminal assault;
    • Ototoxic medication such as some antibiotics, chemotherapy drugs and diuretics;
    • Poor blood flow to the ear caused by conditions such as high blood pressure or diabetes;
    • Autoimmune diseases like lupus or rheumatoid arthritis;
    • Hypothyroidism, which can affect the auditory nerve and hearing structures;
    • Neurological disorders, such as multiple sclerosis, can also cause sudden deafness, known as sudden sensorineural hearing loss (SSNHL).

    If you, your child or someone else you love has suffered hearing loss due to an accident that was another party’s fault, a misdiagnosed medical condition or some other type of negligence, you may be able to claim compensation.

    How are hearing problems diagnosed and treated?

    To diagnose the type and severity of your condition, your healthcare provider will start by asking you about your symptoms and conducting a physical exam to look for signs of infection or earwax. They may also do a CT scan or MRI if they suspect a structural issue such as a tumour. An audiologist may also perform specific hearing tests, such as:

    • Tympanometry, to see how well your eardrum moves and whether it may have ruptured;
    • Otoacoustic emissions tests to check the function of your inner ear;
    • Pure-tone audiometry to measure your ability to hear sounds at different volumes and pitches;
    • Auditory brainstem response (ABR) to examine the neural pathways involved in hearing.

    Depending on the type of hearing loss you have and its cause, treatment options include:

    • Antibiotics or antifungal medication if you have an infection;
    • Surgery to repair a ruptured eardrum or to remove a tumour;
    • Medicines like corticosteroids to reduce swelling in your inner ear;
    • Hearing aids that improve sound perception for those with partial deafness;
    • Cochlear implants in case of severe hearing loss;
    • Therapy to learn alternative techniques, such as lip reading, to improve your quality of life.

    How can the loss of hearing affect your life?

    Losing your hearing, especially if the deafness is severe and permanent, can have a significant impact on various aspects of your life, including:

    • Your ability to work, mainly if your job relies on hearing or verbal communication;
    • Social isolation due to difficulty understanding conversation;
    • Increased risk of accident due to reduced ability to hear alarms, sirens or car horns;
    • A strain on personal relationships due to frustration, stress and difficulty adapting to the new situation;
    • A faster rate of cognitive decline and increased risk of dementia;
    • Reduced ability or inability to participate in hobbies and activities you used to enjoy;
    • It can also have a profound emotional and psychological effect, leading to feelings of anxiety, loneliness and depression.

    Your solicitor will carefully consider how your condition has impacted your life when calculating how much compensation for hearing loss you could receive.

    Am I eligible to make a hearing loss claim?

    The easiest way to find out if you are eligible to claim compensation is through a free consultation with an experienced legal adviser. They will ask you a few questions and determine whether your hearing loss entitles you to take legal action by verifying the following:

    • Another party, such as your employer, owed you a duty of care legally;
    • They breached this duty towards you by committing an intentional or negligent act;
    • Their actions led to damage to your hearing and caused you pain, suffering and financial losses.

    For your case to be valid, it is also essential to be within the hearing loss claim time limit, which is usually three years after your accident. You do not have to worry about proving a legal duty of care. Your lawyer will have the necessary expertise to prove this by referring to the appropriate legislation, depending on your circumstances.

    For example, the Road Traffic Act 1988 could be relevant if your eardrum perforated following a car accident. Once liability is established, they will contact the defendant and help you gather the necessary evidence to secure compensation.

    For a free case assessment, do not hesitate to contact us by calling free on 0800 470 0474 or requesting a call back using our claim form.

    What is the hearing loss claims process?

    If you believe your hearing loss is due to someone else’s negligence and want to claim compensation, your first step should be contacting a legal adviser for a free case assessment. They will offer you a no-obligation consultation over the phone and advice regarding your chances of success and the compensation amount you may be entitled to.

    If your claim is accepted, a personal injury lawyer who is right for your case will be appointed to you. They will begin to collect information and evidence about the circumstances in which you suffered the hearing damage, the severity of your condition and its impact on your life. They will also arrange a free medical assessment with a specialist who will link your injury to the defendant’s negligence and determine the likelihood of it worsening in the future.

    Once you have all the supporting evidence you need, your solicitor will calculate what compensation award you are entitled to and contact the other party to negotiate a settlement. If negotiations go well, the final step of the claims process is to receive your compensation award, which usually takes about four weeks.

    If the defendant does not admit liability or negotiations fail, you may need to argue your case in court. This rarely happens, as more than 96% of all claims are resolved without a formal trial.

    Common situations leading to hearing loss compensation claims

    Various accidents and types of negligence could cause you to suffer damage to your hearing, including:

    • Working in environments such as factories, construction sites and music venues without adequate hearing protection;
    • Negligent medical treatment, such as mismanagement of ear infections, failure to diagnose conditions or errors during surgery that affect the auditory nerve;
    • Road traffic accidents that cause trauma to the head either due to airbag deployment or hitting it against a hard surface or object;
    • Blunt force trauma to the head during criminal assaults;
    • Exposure to sudden, loud blasts, such as explosions in military settings or industrial sites;
    • Faulty hearing aids or headphones, which may worsen a hearing condition;
    • Head injuries or trauma to the ears during contact or high-impact sports such as boxing, football or skateboarding;
    • Exposure to certain chemicals and other harmful substances that can damage hearing;
    • Falls from a height or on the same level that result in direct trauma to the head or ears.

    This list is not exhaustive, and as long as another person was at least partially responsible for the harm you suffered, you may be eligible for compensation.

    What evidence do I need to support my personal injury claim?

    To make a successful claim, you need compelling evidence to prove that your hearing loss was caused by negligence and how it has affected your life. The specific proof you could use depends on the circumstances of your injury and may include:

    • Results from audiograms and other hearing tests that show the level of impairment and extent of your hearing loss;
    • Records from your doctor or a specialist stating the diagnosis of hearing loss, its severity and underlying causes;
    • Your treatment history, including any medication, surgeries or hearing aids prescribed to you;
    • Documents of your initial condition and the treatments you received if the damage to your hearing was caused by medical negligence;
    • Visual evidence, such as photographs, videos or CCTV footage if your injury was due to an incident such as a road collision, fall from height or criminal assault;
    • Police reports and a crime reference number if you were the victim of a violent crime or a hit-and-run accident;
    • Your employment history and description of your work tasks and environment if you developed occupational deafness;
    • Statements from witnesses such as coworkers who can attest to the noise levels in the workplace or bystanders who saw how your accident took place;
    • Proof of any training and hearing protection you have received from your employer to keep you safe from your noisy work environment;
    • Testimony from experts such as acoustic engineers who can attest whether the noise levels at work were unsafe or the hearing protection measures taken by your employer were adequate;
    • Your account of how your hearing impairment has affected your daily life, work, relationships, and mental health;
    • Copies of any correspondence with the defendant and other relevant parties;
    • You also need financial documents such as medical bills, receipts and invoices to prove any out-of-pocket expenses you want to include in your claim.

    Can I make a claim for industrial deafness compensation?

    While at work, your employer has a legal duty to protect you from the risk of industrial deafness, as outlined in various legislation, such as the Health and Safety at Work Act 1974 and the Control of Noise at Work Regulations 2005. Their duties under UK law include:

    • Conduct regular assessments of noise levels in the workplace and identify areas where noise levels exceed the safe limit of 85dB;
    • Implement strategies to mitigate or reduce noise exposure, such as using quieter machinery and equipment or installing sound-absorbing materials or barriers;
    • If necessary, provide appropriate personal protective equipment (PPE), such as earplugs or earmuffs and ensure employees know how to use it correctly;
    • Offer regular hearing tests for employees exposed to high noise levels and keep records of them;
    • Provide training and information regarding the risk of noise exposure, its possible impact on hearing and the importance of wearing hearing protection;
    • Regularly review and update noise risk assessments and protective measures to ensure continued compliance and effectiveness.

    If your employer has failed in their legal duties and your hearing has been impaired, you may be eligible to make an industrial deafness claim. Some of the industries and workplaces most affected by unsafe noise levels include:

    • Bars and nightclubs
    • Mining and foraging
    • Agriculture
    • The heavy industry and car manufacturing
    • Construction sites
    • Landscaping and road maintenance
    • The military
    • Foundries
    • Engineering

    Whatever your industry, if your employer has failed to take all reasonable measures to protect your hearing, you could make an industrial deafness compensation claim. This is your legal right, and you can’t lose your job if you make a claim against them. If your employer treats you poorly due to your claim, they risk further legal action at an employment tribunal.

    Am I entitled to state benefits if I’ve suffered hearing damage at work?

    If you have suffered hearing damage at work, you may be entitled to benefits depending on the severity of your condition and how it affects your daily life and ability to work. The most common form of support for workers suffering from noise-induced hearing loss is the Industrial Injuries Disablement Benefit (IIDB). To be eligible for IIDB, you must:

    • Have hearing loss of at least 50dB in each ear;
    • Have worked or worked close to someone using loud tools and machinery for at least 10 years.

    The amount of compensation you will get will be assessed based on your level of disablement and is a weekly amount that could be up to £221.50. You might also qualify for other benefits, such as Personal Independence Payment (PIP), Attendance Allowance and Universal Credit.

    Can I claim for hearing loss through the Armed Forces Compensation Scheme?

    The Armed Forces Compensation Scheme (AFCS) is a programme set up by the Government and managed by Veterans UK. It provides financial support to members of the armed forces who suffered an injury or illness because of their service, either during military training, combat or being on duty. Unlike a claim under civil law, the AFCS is a no-fault scheme, meaning you do not have to prove that someone else’s negligence caused your injury.

    To qualify for loss of hearing compensation through the AFCS, you must only prove that your service caused or made worse your hearing impairment. For this, you need to provide evidence such as medical records, photos of the accident scene and witness statements, which your solicitor will help you gather.

    The compensation awarded by the AFCS is tariff-based, with 15 levels that reflect the type and severity of your injury or illness. For example, loss of hearing in one ear is classed as a level 11 injury and is worth £15,965. During 2022/23, 110 claims through the AFCS for noise-induced hearing loss (NHIL) were awarded in total sum lump payments amounting to £710,000. During the same period, 1,706 claims for NHIL were made under common law, which received £31.50M in total.

    Can I make a deafness claim through the Criminal Injuries Compensation Authority?

    A criminal assault or physical altercation can cause hearing problems in a variety of ways, including:

    • Blunt trauma to the head or ears caused by a punch, kick or being hit with an object can damage the eardrum, inner ear structures or auditory nerve;
    • Assaults involving deafening sounds, such as explosives or firing a gun, can lead to temporary or permanent noise-induced hearing loss;
    • Attacks that involve sharp objects or weapons can penetrate the ear and result in direct injuries to the eardrum or inner structures;
    • Violent shaking or rapid movements during an assault can also damage the structures inside the inner ear.

    These are just a few mechanisms through which a violent attack or assault could damage your hearing. It is essential to remember that most offenders are either unidentified or do not have the financial means to compensate their victims. That is why the UK Government established the Criminal Injuries Compensation Authority (CICA) in 1996 to offer financial support to blameless victims of violent crimes.

    The Ministry of Justice funds the CICA and offers compensation based on 25 different tariffs according to the severity of the injury. According to these, you could receive £44,000 for total hearing loss in both ears.

    Some of the eligibility criteria for a CICA claim include:

    • The assault must have happened in the UK, where you were a resident at the time;
    • You have reported it to the police within a reasonable timeframe and have a crime reference number;
    • Your actions did not contribute to the incident.

    To find out if you may be eligible for CICA compensation, call 0800 470 0474 today for a free consultation with a legal adviser or use our contact form to request a call back.

    Can I make a claim for hearing loss caused by medical negligence?

    All healthcare professionals have a legal duty towards their patients. They must follow the extensive guidelines offered by bodies such as the National Institute for Health and Care Excellence (NICE) and the General Medical Council (GMC) to ensure patient safety and prevent avoidable harm.

    All doctors are expected to possess the necessary skills and knowledge to accurately diagnose and treat medical conditions, including those that could damage your hearing. Thus, you could make a medical negligence claim for hearing loss if your solicitor can prove that:

    • Your healthcare provider failed to meet the standard of care expected of them (breach of duty).
    • Their negligence directly caused or significantly contributed to your condition (causation).
    • You suffered losses, such as pain, emotional distress and financial expenses as a result (damages).

    Examples of situations that could constitute a breach of duty and lead to a compensation claim include:

    • Surgical mistakes, such as accidental damage to the auditory nerve during an intervention;
    • Complications due to a cochlear implant procedure;
    • Delayed or missed diagnosis of ear infections leading to permanent damage;
    • Prescribing or administering ototoxic drugs without informed consent or close monitoring;
    • Inadequate follow-up after treatments known to have a risk of hearing loss;
    • Negligence during pregnancy or childbirth, such as failure to treat maternal infections or complications;
    • Failure to adequately treat a head injury or perforated eardrum, resulting in avoidable harm.

    Can I make a hearing loss claim on behalf of a loved one?

    If someone’s hearing has been affected because of another party’s negligence, and they cannot handle a compensation claim themselves, you could be able to represent them. The court will name you their litigation friend if you have no conflicting interests and can conduct legal proceedings fairly and competently. Once appointed, you will have several duties, which include:

    • Acting in the best interest of the person you represent
    • Review and sign legal documents
    • Liaise with solicitors and take legal advice
    • Help gather supporting evidence
    • Pay any fees requested by the court
    • Keep the claimant informed about the case and try to find their wishes
    • Consider any settlement offers from the defendant

    The litigation friend process is used when the claimant cannot manage their own case due to age (being under 18) or being a protected party under the Mental Capacity Act 2005, meaning they suffer from conditions such as:

    • Post-traumatic stress disorder (PTSD)
    • An intellectual disability such as autism
    • A mental health condition like schizophrenia
    • A brain injury or stroke
    • A neurodegenerative condition like Alzheimer’s disease

    The compensation secured for a child or a protected party must be agreed to by a judge during a court hearing. Once approved, your lawyer can help you set up a personal injury trust to manage the awarded funds on behalf of your loved one until they turn 18 or regain their mental capacity.

    What is the time limit to start a hearing loss claim?

    If you’ve suffered any degree of deafness due to someone else’s negligence and want to seek compensation, you must start your claim within three years from:

    • The date of the accident that caused your injury;
    • The date your condition was diagnosed if it developed over time (the date of knowledge).

    According to the Limitation Act 1980, if you miss the three-year deadline, your case will be statute-barred, and the court will no longer accept it. For this reason and to have better access to evidence, we advise you to contact a hearing loss claims solicitor as soon as possible. Not only will this help you to receive your compensation sooner, but it can also improve your chances of making a successful claim.

    There are a few exceptions to the three-year claim limitation date:

    • Parents or legal guardians can claim on behalf of a child at any point before their 18th birthday. If no child injury claim was made, the injured party has until 21 to pursue compensation themselves.
    • If the claimant cannot handle a claim due to a brain injury, PTSD or another condition such as Alzheimer’s disease, the limitation date is put on hold, and a litigation friend could represent them anytime.
    • If you were injured due to a criminal assault, you have two years to start a claim through the CICA, starting from the date of the incident.
    • You have seven years to claim compensation through the AFCS if you develop hearing loss due to military service.
    • If you want to make a claim for an accident abroad, the time limit could differ from country to country and be much shorter than in the UK.

    How much compensation could my hearing loss claim be worth?

    Every claim is unique, and the amount of compensation you can claim will be calculated based on your specific situation. This will aim to reflect the pain, suffering and loss of amenities caused by your condition (general damages), as well as any financial losses and expenses incurred as a result (special damages).

    Your deafness claim will take into account the following:

    • Physical pain and distress
    • Emotional and psychological suffering
    • Loss of enjoyment of life
    • Inability to engage in activities and hobbies as you did before
    • Loss of social interactions
    • Loss of a unique career
    • Medical costs for private treatments and hearing aids
    • Travel expenses to medical appointments
    • The cost of special equipment, such as adapted doorbells or phones
    • Therapy and counselling to help you adapt to your new lifestyle
    • Lost wages and loss of earning capacity

    Special damages will be calculated based on financial documents such as receipts and payslips, so it is essential to keep records of all your expenses. On the other hand, general damages do not have a specific monetary value attached to them and are based on the guidelines from the Judicial College. According to our compensation calculator, you could receive:

    • Up to £8,560 for slight hearing loss
    • In the region of £14,300 for mild loss of hearing
    • £36,260 to £55,570 for severe hearing loss and tinnitus
    • £38,210 to £55,570 for loss of hearing in one ear
    • £110,750 to £133,810 for complete and permanent hearing loss in both ears

    How long will my compensation claim take to settle?

    There is no set amount of time for resolving a personal injury claim for hearing loss. If your case is straightforward, such as after a car accident where liability is clear, it could settle within a few months. If the circumstances of your injury are more complex and proving liability is not that easy, your claim could take several years.

    Some of the factors that will play an essential role in determining how long it may take to receive compensation are:

    • The severity of your injury and prognosis;
    • The estimated value of your claim;
    • The time it takes to gather supporting evidence;
    • Whether you make your claim under civil law or through the CICA or AFCS ;
    • Whether the defendant admits liability early on or at all;
    • How long it takes to negotiate a settlement;
    • Whether you must argue your case in court (this only happens in less than 4% of all cases).

    While it could take years to resolve your claim if it is particularly complex, your injury lawyer could secure interim payments on your behalf in the meantime if:

    • The defendant has admitted liability;
    • You have a very high chance of winning your claim;
    • You have urgent financial needs to cover medical expenses or lost earnings.

    Will my solicitor work under a No Win No Fee agreement?

    If you’ve suffered hearing loss and are able to claim compensation, the solicitors we work with will be happy to take on your case on a no win no fee basis. This is the most common option for funding a personal injury claim, as it allows you access to a lawyer regardless of your financial situation and without taking any risks.

    Furthermore, you can be confident that you have a high chance of success, as your solicitor will not be able to recoup their costs if your case fails. No win no fee works like this:

    • You do not have to pay any legal fees upfront for your solicitor to work on your case;
    • If you win your hearing loss claim, your lawyer will receive a success fee deducted from your compensation. This fee is capped at 25% of general damages and past financial losses and is agreed upon from the beginning;
    • If you lose the claim, you do not have to pay your legal representative a single penny.

    Besides the conditional fee agreement with your solicitor, you can also benefit from After the Event (ATE) insurance. The ATE is a type of insurance that will cover all the costs associated with the litigation process if your claim fails, including:

    • Court and counsel fees
    • Medical reports and expert witnesses
    • Costs of printing and copying documents
    • Travel expenses for legal appointments
    • Barrister fees if the claim goes to court
    • The defendant’s solicitor costs

    The cost of the ATE will be established based on the strength of your claim, and you will only pay it if and after you receive compensation. If you lose, the insurance will also cover the ATE premium.

    To find out if you can make a no win no fee hearing loss claim, please contact us today by calling 0800 470 0474 or using our online contact form to request a call back.