Ear Injury Compensation Claims
If you have been affected by amn ear injury we can help.
The purpose of this guide is to help anyone who has suffered amn ear injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
In our guide to claiming
ear injury compensation:
Ear injuries may be broadly categorised into visible damage to the outside of the ear and damage to the inside of the ear - the middle and inner ear.
Outer ear damage
Outer ear damage may be a consequence of aggressive contact, either through sports such as boxing, wrestling and rugby, or through assault. Direct blows to the ear cause blood clots to form under the skin, or the ear's skin to be stripped from the cartilage, creating the condition known as "cauliflower ear".
The outer ear may also be damaged through thermal injuries such as burns or frostbite.
When negligence occurs in cosmetic ear surgery (otoplasty), a patient may be left with scarring and blood clots to the outer ear, or an asymmetric appearance to the ears.
Middle and inner ear damage
Middle and inner ear damage may be caused by traumas sustained through sporting activity, work or road traffic accidents.
When a person sustains a blow to the side of the head, air pressure inside the ear canal may increase causing the eardrum to rupture (perforate) or the ossicles (tiny bones that transmit sound) to be disrupted. Excessively loud or repetitive noise may also have the same effect.
Dramatic changes in atmospheric pressure - for instance when diving into deep water, or sky-diving - cause the Eustachian tubes to compress, preventing air from entering the middle ear to compensate for the pressure change. This may cause the eardrum to perforate.
Maintaining negative pressure within the middle ear for a prolonged period may cause fluid to be drawn into the ear.
Foreign objects are also a source of middle/inner ear damage. As well as implements inserted into the ear canal, cold water, spray and wind gushing in and out of the ear may bring about a chronic condition known as "surfer's ear". Hearing loss is sustained when tiny bone growths occur within the ear canal.
Do I have an ear injury claim?
As a basic rule, you will be eligible to make an ear injury claim if your injury occurred:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Do I have a claim? - Common questions
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an ear injury claim on their own behalf.
Can I make an ear injury claim right up to the three-year limit?
Technically, yes. However, in practice, not always. Many solicitors will not take on an ear injury claim that only has a few months (sometimes even a year) left before the time limit expires. The panel of solicitors will take a claim on as late as possible where it is felt that the claim could be successful.
Do I need a diagnosis to make an ear injury claim?
If you have been injured and are awaiting the results, you should still seek legal advice as soon as possible. The sooner you start an ear injury claim after an accident, the more likely your claim is to succeed.
The amount of money you could claim for your ear injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your ear injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an ear injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Ear injury compensation amounts
The following ear injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Hearing loss||Minor||Minor deafness or tinnitus||Up to £5,590|
|Hearing loss||Moderate||Moderate deafness or tinnitus||£10,040 to £11,890|
|Hearing loss||Serious||Total loss in one ear||£24,950 to £36,310|
|Hearing loss||Serious||Serious deafness or tinnitus||£11,890 to £23,670|
|Hearing loss||Severe||Severe deafness or tinnitus||£23,670 to £36,310|
|Hearing loss||Very Severe||Total deafness||£72,330 to £87,410|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious ear injury can be £23,000
For a minor scarring, in isolation, you would typically receive £2,500.
However, if you have a serious ear injury and a minor scarring, you would typically receive £23,000 + a reduced percentage of £2,500.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.
What is the average injury compensation for an ear injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following an ear injury will depend entirely on your specific circumstances.
Your ear injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Can I claim for prescription costs?
Special damages?are awarded for costs or losses incurred as a result of the ear injury injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?
Ear injury compensation
Calculating how much compensation you can claim for an ear injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your ear injury claim could be worth now:
How long does an ear injury claim take?
The length of time needed to process an ear injury claim can vary considerably.
A simple liability accepted injury claim might be concluded in a month or two. If liability is denied, however, it could take considerably longer. On average an injury claim should take 4 to 9 months. For more information on how long your claim could take, read: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your ear injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee, no risk
No win, no fee removes the risk from making an ear injury claim. If your claim is unsuccessful, you won't have to pay your solicitor any legal fees.
No win, no fee promise
Our no win, no fee guarantee means there is absolutely no financial risk in making an ear injury claim - even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my ear injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.
What do I pay if I do not win my ear injury claim?
If your ear injury claim is not successful then you do not have to pay any legal fees at all. Your solicitor may take out insurance to ensure there will be nothing to pay.
Can I get Legal Aid?
Legal aid is no longer available when making a personal injury claim, but a Conditional Fee Agreement (No Win, No Fee) can reduce the financial risks of making a claim.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Ear injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make an ear injury claim?
In general, you have a time limit of up to 3 years from the date of the ear injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your ear injury claim becomes 'statute barred'.
Can I claim for an ear injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim ear injury compensation.
In reality, there are a number of factors that can affect whether an ear injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert