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How Much Compensation Can I Claim For An Ear Injury?
By Stephen Hudson. Last Updated 14th June 2024. In this guide, we offer advice on ear injury claims, including the steps you can take to receive compensation if you have valid grounds to claim for such an injury. If you have suffered an ear injury from getting hit by an object or vehicle, or because of a different type of accident, then you may be eligible to claim if the accident was caused because another party breached the duty of care that they owed you.
Included in this guide is a summary of the different types of injury to the ear that could occur in an accident caused by a breach of duty. We’ll also go through each important step to take if you wish to pursue a claim. This guide also features advice on how compensation payouts are calculated and how working with a No Win No Fee solicitor could benefit you.
If you have any questions about eye injury claims, you can talk to our team of advisors about them for free. They are available 24 hours a day, 7 days a week. To get in touch, you can:
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Select a section
- How Much Can I Claim For An Ear Injury?
- What Is an Ear Injury?
- Can I Claim For An Ear Injury?
- Steps To Take After An Ear Injury
- Making a No Win No Fee Compensation Claim
- Useful Links
How Much Can I Claim For An Ear Injury?
The amount of compensation you may be awarded for a successful ear damage claim will depend on factors such as how severe your injury is and how it will affect you in the short and long-term future.
Compensation for an ear injury can include general damages plus potentially special damages as well. General damages provides compensation for the pain and suffering your ear injury has created.
The table featured below has some of the compensation guidelines found inside the Judicial College Guidelines (JCG). This document may be used by those who value an ear injury compensation claim. It lists various injuries that affect the ear and other parts of the body alongside guideline compensation brackets.
The table below should be viewed as a guide only. The first entry in the table is not based on any of the JCG figures.
| Injury | Severity | Amount |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | Up to £250,000+ |
| Deafness/Tinnitus | Total deafness and loss of speech | £133,810 to £171,680 |
| Deafness/Tinnitus | Total deafness | £110,750 to £133,810 |
| Deafness/Tinnitus | Total deafness (in one ear) | £38,210 to £55,570 |
| Partial Hearing Loss or/and Tinnitus | (i) Severe | £36,260 to £55,570 |
| Partial Hearing Loss or/and Tinnitus | (ii) Moderate | £18,180 to £36,260 |
| Partial Hearing Loss or/and Tinnitus | (iii) Mild | £15,370 to £18,180 |
| Partial Hearing Loss or/and Tinnitus | (iv) Mild | Around £14,300 |
| Partial Hearing Loss or/and Tinnitus | (v) Mild | £8,890 to £15,370 |
| Partial Hearing Loss or/and Tinnitus | (vi) Mild | Up to £8,560 |
If you’re eligible to receive general damages, then you could potentially also claim special damages as part of your claim for ear damage. Special damages cover financial expenses or losses you’ve experienced because of your injury.
Examples of what may be covered under special damages include:
- Certain medical expenses, such as the cost of certain private treatments or medications.
- Travel expenses paid towards attending essential appointments.
- Loss of earnings if, for instance, you’ve had to take unpaid time off work during your recovery.
You will need to submit evidence to claim special damages, which could include documents like invoices, bank statements or wage slips.
For more advice about how much compensation you could potentially claim for an ear injury, contact our advisors for free today.
What Is An Ear Injury?
Inner/Middle Ear Injuries
Ahead of filing any ear injury claims, let’s delve into what the various ear injury types are. Middle and inner ear injury types affect the more complex parts of the ear. These injuries can range from damage caused by trauma, such as a traffic accident, sports, or even workplace accident, through changes in pressure or foreign objects causing internal damage.
When a person experiences a head injury or trauma, the air pressure inside the inner ear can increase. Ear injury symptoms from this can often be a perforated eardrum. This type of inner ear injury can also be caused by excessive noise in a working environment. Sudden and dramatic pressure changes (such as diving or even skydiving) can cause the Eustachian tubes to compress. This then prevents air from entering the middle ear and can again result in a perforated eardrum.
Foreign objects can also be a cause of damage to the inner or middle ear. Damage to the outer parts of the ear can be less serious in terms of effects on your hearing, though they may result in much more cosmetic damage. Aggressive trauma can be caused by a variety of different contact sports and other activities.
Outer Ear Injuries
A very common condition known as “cauliflower ear” is caused by direct trauma to the ear. This causes blood clots to form beneath the skin or the skin to be stripped away from the cartilage. The very outer parts of the ear can be damaged by things such as burns or even frostbite in extreme temperatures. Outer ear damage can be caused by surgical negligence.
These ear injury symptoms can range from having a mild and cosmetic effect on a person’s life to life-changing effects. If you’d like to know more about workplace ear injury claims, then our next section may be of interest to you. Alternatively, you can call our team using the contact details at the top and bottom of this article.
Can I Claim For An Ear Injury
There are various daily situations in which you could sustain ear injuries. However, in order to claim compensation, you will need to meet specific eligibility criteria. In the following sections, we examine what this is in situations you could find yourself in.
Road Traffic Accidents
Whilst using the roads, every road user, including pedestrians, vehicle drivers, motorbike riders and cyclists, have a legal obligation to navigate in a way that prevents themselves and others from coming to injury or damage. This is what is known as a ‘duty of care’. As part of this duty, everyone using the roads must adhere to relevant sections of the Road Traffic Act 1988 as well as any relevant rules and regulations found in the Highway Code.
Should a driver breach this duty and you suffer ear injuries as a result, you could have a valid road traffic accident claim. For example, if a driver is speeding and rear ends you, this could cause the airbag to deploy resulting in an ear injury.
Public Liability Claims
While you are out and about in public spaces, the individual or organisation in control of those spaces (known as an ‘occupier’) is responsible for ensuring your reasonable safety while you are using the premises for its intended purpose. This is the duty of care occupiers owe to visitors of their premises as set under the Occupiers’ Liability Act 1957.
If an occupier of a public place, such as a local council or business, fails to comply with this legislation and you sustain an injury, you could be eligible to make a public liability claim. For example, a business failed to display a wet floor sign after a spillage and you suffered a slip and fall accident as a result. You suffered head trauma along with an injury to your ear due to a breach of their duty of care.
Accident At Work
Your employer owes you a duty of care while you are in the workplace or carrying out work duties. This is set under the Health and Safety at Work etc. Act 1974 (HASAWA) as employers must take all reasonably practicable steps to ensure the health, safety and welfare at work of their employees. Failure to comply with relevant health and safety laws could result in an accident at work.
If you suffer workplace ear injuries, you could have a valid claim if you can prove that your employer breached their duty of care. For example, your employer is legally obligated to provide any required training. If they failed to do so and you sustain an ear injury, you could be eligible to seek compensation.
If you would like to discuss the situation that caused your ear injury, please get in touch with an advisor. One of our advisors can help assess whether your claim could be valid.
Steps To Take After An Accident Causing An Ear Injury
When you’ve suffered from an ear injury, it’s natural that the thing you’re most focused on is your recovery. But in order to strengthen your ear injury claim, there are some steps you should take after your accident:
- Record evidence: Luckily, the majority of people now carry high-quality cameras in their pockets everywhere they go. If you’ve been in an accident because of someone else’s negligence, whether at work, in a public place or on the road, you should take photographs to serve as evidence in your claim.
- Collect witness testimony: If anyone saw the accident occur and can verify how it occured, you should try to get their contact information if possible. They may be able to provide evidence that proves valuable to your claim.
- Seek medical attention: Not only does this ensure that you get the treatment you need, but it also makes sure that a record of your injuries exists that can be referred back to later.
- Document your expenses: Keep any receipts, bills or invoiced of costs that you incur as a result of being injured.
- Speak to a solicitor: Although you don’t need a solicitor’s representation to make a claim, having someone who’s able to provide you with legal advice and who understands the claims process will make everything run much more smoothly.
How Long Do I Have To Claim Ear Damage Compensation?
When making a claim for ear damage compensation, you will need to ensure that you start your claim within the relevant time limit. The Limitation Act 1980 states that you will generally have 3 years to start your claim from the date you suffered your injury.
However, there are certain exceptions to this time limit. These include:
- For minors, the time limit is paused until their 18th birthday. Before this date, a litigation friend appointed by the court could start a claim on their behalf. If a claim has not been made by their 18th birthday, they will have 3 years to start their own claim.
- For someone who lacks the mental capacity to start their own claim, the time limit is suspended indefinitely. A litigation friend could make a claim on their behalf. However, if they were to regain this mental capacity, they will have 3 years to start a claim from this date if one has not already been made.
Contact our advisors today if you have any questions about making a claim for ear injury compensation. They could also inform you whether you have enough time to start your personal injury claim.
Making A No Win No Fee Compensation Claim
As we’ve already mentioned, choosing to have a personal injury solicitor act on your behalf in a claim can take some of the pressure off you when making an ear injury compensation claim. But for many people, the perceived financial risk of having a solicitor act for you can be off-putting.
Our No Win No Fee Agreement, or Conditional Fee Agreement, means that you don’t need to worry about this aspect of making a claim. We won’t take a penny off you before your claim starts or while the claim is processing with this agreement.
If you’re unsuccessful in your claim, we won’t ask you to pay anything to the solicitor’s fees. If your claim is successful, then we’ll take a “success fee” from your compensation amount to cover the costs. Don’t worry- this fee is legally capped, and we’ll always discuss with you beforehand what percentage of the compensation we’ll deduct in the event of a successful claim.
If you’d like to know more about what can be included in ear injury claims, then you’ll find our next section of interest.
Useful Links
Find out how to treat an ear injury immediately after the trauma.
Find out how to make a claim for compensation after a concussion injury.
Claims against the council for personal injury
Our guide to claiming against the council or local authority.
Using a Claims Management Company
Information on using a claims management company for a personal injury compensation claim.
HSE information on hearing loss at work
An NHS guide to dealing with hearing loss
Carbon Monoxide Poisoning Claims
Find out if you could claim
Beauty Treatment Injury Claims
Our guide on claiming for these kinds of injuries.
Find out if you could make a claim.
Get help with claiming for whiplash in children with our guide.
Thank you for reading our guide on ear injury claims.
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