How To Make Tinnitus After A Car Accident Compensation Claims In The UK
Last Updated 21st June 2024. Welcome to our guide on tinnitus after a car accident and compensation that can be awarded as a result. This article takes you through the process of how you could be eligible for compensation.
Could You Claim For Tinnitus After A Car Accident?
If you want to make a tinnitus claim after a car accident, then you must be able to prove that your injuries were caused by the negligence of someone else. In the context of car accident claims, this is often another road user.
Tinnitus after car accident compensation guide
We’ve also included sections regarding tinnitus symptoms and other injuries that can occur simultaneously, such as whiplash. The answer to the question “how much compensation do you get for hearing loss?” is also addressed in this guide.
Hearing loss and tinnitus claims can seem daunting, but we are here to help explain the process as simply as possible. Read on for more information.
Get In Touch With Our Team
Reach out to us today, and we can assist you. Once you’ve answered a few questions, we will be able to offer you more accurate free legal advice.
If we think you could have a valid claim, then we could connect you with an experienced solicitor from our panel. The more information we have regarding your circumstances, the more accurately we can value your claim.
You can:
- Call us on 020 3870 4868
- Write to us about your claim online.
- Chat with us using the pop-up window in the corner.
Services And Information
- What Is Tinnitus After A Road Traffic Accident?
- How Much Compensation Could I Receive For Tinnitus After A Car Accident?
- Liability For Tinnitus Caused By Car Accidents
- How Long Do I Have To Claim Tinnitus After A Car Accident Compensation?
- I Suffered Tinnitus After A Car Accident, What Should I Do?
- Tinnitus Claim – No Win No Fee Lawyers
- Other Information
What Is Tinnitus After A Road Traffic Accident?
If you are involved in a car accident, then a condition you may possibly experience is tinnitus, which can cause ringing or other noises to be heard in one or both ears. More severe cases of tinnitus can also cause pain and discomfort in your ears that affects your balance and your daily life.
Can I Claim For Tinnitus Following A Road Traffic Accident?
You may have valid grounds to claim for road traffic accident injuries if the incident was caused by another party breaching their duty of care. All road users owe a duty of care to avoid causing harm or damage to themselves and others. They should also adhere to the Road Traffic Act 1988 as well as the Highway Code to uphold this duty of care.
If you are suffering from tinnitus after a car accident, then compensation could potentially be claimed if you can establish with evidence that another party breached a duty of care they owed you and this led to you suffering an injury affecting your hearing. For more advice on the requirements to start a tinnitus compensation claim, contact our advisors for free today.
Tinnitus After A Car Accident And Compensation – What Is The Whiplash Reform Programme?
If your tinnitus claim also includes whiplash injuries, it may be affected by the Whiplash Reform Programme. How certain low-valued road traffic accident claims are made in England and Wales has changed. This applies to claims made by drivers or passengers of a vehicle over the age of 18 who suffered injuries valued at £5,000 or less.
Your whiplash injuries will be valued in line with the tariff set out by the Whiplash Injury Regulations 2021. Any other injuries you suffered that are not covered by this tariff will be valued traditionally.
If you have suffered from ringing in your ears after a car accident, you may be eligible for compensation. Contact our advisors to learn more about personal injury claims for tinnitus after a car accident and the compensation that could be awarded. Additionally, they could help inform you which avenue you should take when making your claim.
How Much Compensation Could I Receive For Tinnitus After A Car Accident?
How much compensation you could potentially receive for tinnitus after a car accident depends on the extent of your damages. These damages are divided into general and special. If your car accident claim is successful, you will definitely receive compensation for general damages, but you might not for special damages.
General damages considers how you have been physically and emotionally affected by tinnitus after a car accident. Some factors that can help value these effects include:
- Whether you are in any pain, and if so, how severe it is.
- Whether a full recovery is possible, and if so, how long that will take.
- Your loss of amenity.
When pursuing a road traffic accident claim, you will be asked to have an independent medical assessment at some point during the process. Any medical reports derived from this assessment can be used with the Judicial College Guidelines (JCG) to help value this head of loss.
The JCG is a publication that contains guideline award figures for most types of psychological and physical injuries and illnesses.
Compensation Table
We have taken some injuries relating to tinnitus from the JCG and have included it in this table. Apart from the first figure, all of the other guideline award figures are also from the JCG.
Please remember though that because these figures are for guidance only, the amount of compensation that could potentially be awarded for your claim is not guaranteed.
| Injury | Severity | Guideline Award |
|---|---|---|
| Multiple Serious Injuries Plus Special Damages | Serious | Up to £500,000+ |
| Hearing | Total deafness plus loss of speech (a) | £133,810 to £171,680 |
| Total deafness (b) | £110,750 to £133,810 | |
| Complete deafness in just one ear (c) | £38,210 to £55,570 | |
| Severe tinnitus (d) (i) | £36,260 to £55,570 | |
| Mild tinnitus (d) (iv) | Around £14,300 | |
| Occasional tinnitus (v) | £8,890 to £15,370 | |
| Whiplash injuries | Whiplash injuries with psychological harm that last more than 18 months but not more than 24 months. | £4,345 |
| Whiplash injuries only that last more than 18 months but not more than 24 months | £4,215 |
Special Damages
Special damages considers how you have been financially affected by tinnitus after a car accident. Some financial losses you could experience include.
- The costs of physical aid, such as a hearing aid.
- Loss of earnings for not being able to work during recovery.
- Prescription costs.
Since you may not receive compensation to cover your special damages, keeping evidence of how you have financially suffered is crucial. So, please keep receipts, bank statements, payslips, and invoices.
If you would like to learn more about how compensation is calculated, our advisors are standing by to take your call.
Liability For Tinnitus Caused By Car Accidents
If you have sustained tinnitus after a car accident, compensation can only be claimed if you can prove it was caused by the negligence of another road user. Some examples of viable evidence are:
- Witness details– if someone saw the accident happen, you could collect their details so that they can provide a statement at a later date.
- CCTV/Dashcam footage – if you have a dashcam that recorded the accident, then this could be used to support your version of events. You can also request the footage if your accident was captured on CCTV.
- Police reports – these will be carried out following the accident.
- Photographs of the scene- photographs of the scene of the accident that are taken before anything is moved could be used to support your claim.
If you would like to know more about the kinds of things that can be used as evidence to support your claim, why not speak with our team today? One of our advisors could connect you with a No Win No Fee solicitor from our panel.
How Long Do I Have To Claim Tinnitus After A Car Accident Compensation?
You generally have 3 years from the date of the accident to start a personal injury claim. This is stated in the Limitation Act 1980. However, there are some exceptions to this.
Sometimes your injury is not detected on the day it was sustained. So, the date you became aware that your injuries were caused by negligence can be the start of your 3-year time limit. This is known as the “date of knowledge”. You must be able to back up this date with something like medical records.
Below, we have listed some of the other exceptions that can apply with regard to time limits for personal injury claims.
Child Accident Claims
Those under 18 years old cannot make a claim themselves. Therefore, their time limit is suspended until they reach adulthood.
In the meantime, however, their claim can be made for them by a litigation friend. This is an adult, such as a parent or guardian, who has the child’s best interests at heart.
Claiming On Behalf Of Those With A Reduced Mental Capacity
If someone lacks the mental capacity to pursue their own claim, their time limit is suspended. It begins again in the event that they regain their mental capacity.
If they do not recover, then the time limit is suspended indefinitely. Similarly to child accident claims, a litigation friend can also claim on their behalf while they don’t have the capacity to do so themselves.
I Suffered Tinnitus After A Car Accident, What Should I Do?
There are certain steps that must not be skipped when you’ve sustained tinnitus after a car accident. Your compensation can depend on the details you can gather, amongst other things.
- Seek medical attention – your health should always be your initial priority. If you ignore your injuries, they could become worse or even fatal. Furthermore, the reports generated when you seek medical attention could be used to support your claim.
- Gather evidence – It will be extremely difficult for you to make a successful claim if you have no proof that your version of events is true. This is a very important step.
- Look for legal advice – here at UK Law, we are here to help you 24/7. Our advisors are ready and waiting to answer your questions. While it’s not legally required, seeking expert legal representation could help you get more money from your claim.
Tinnitus Claim – No Win No Fee Lawyers
If you have a ringing in your years after a car accident, this could be a sign of tinnitus. A claim could be made for this type of injury if it was caused by negligence. All of the solicitors on our panel can operate on a No Win No Fee basis.
When working under an arrangement such as this, your lawyer takes a percentage from your settlement should your claim succeed. The percentage they are permitted to take is capped by law. If you do not receive compensation, you are not required to pay your solicitor.
If you have tinnitus after a car accident, compensation could be owed to you. To find out if you could be eligible to claim, get in touch with our advisors today. You can reach us by using one of the contact methods listed below:
- Call us on 020 3870 4868
- Write to us about your claim online
- You can also chat with us using the pop-up window
Other Information
We’ve included some links for further reading on this subject and others that are similar.
- Our guide on what to do if you’re injured at work.
- This is our guide on the topic of how to make a fatal accident claim.
- Find out more about personal injury claims in general.
- NHS information on whiplash.
- Additional information on tinnitus, also from the NHS.
- Find out more about litigation friends.
