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Although the majority of compensation claims for hearing loss are for incidents in which a worker has sustained deafness as a result of conditions in the workplace, whether by cumulative, long-term exposure or as by sudden, acoustic trauma, there are examples of members of the public securing no win, no fee damages for deafness-inducing ear injuries sustained in less typical circumstances.
One such a claim occurred in 2010 when a plane passenger secured hearing loss compensation from an airline operator after proving that the screams of another passenger, a three-year-old boy, caused her eardrums to explode, leaving her "stone cold deaf".
However, it was not only the fact of her permanent deafness that led to the claimant pursuing litigation, it was also the fact she endured significant discomfort as a result of the injury, including at the time of the incident itself, "The pain was so excruciating that I didn't even know I was deaf".
She also claimed for complications stemming from the injury. These included physical and mental suffering, significant costs for medical treatment and reduced earning capacity; up until the time of the incident the woman had been a high-earning and successful financial services worker.
Initially, the airline had sought to defend the claim, arguing, "Plaintiff's injuries, if any, were caused by the arbitrary and volitional act of a three-year-old child. Flight attendants cannot predict when children aboard an aircraft are about to scream. There is no evidence that the child was screaming in the terminal, or on board the aircraft prior to the particular scream which allegedly caused the damage."
However, after protracted negotiations with the woman's no win, no fee lawyer, the airline eventually agreed to settle the case with the payment of an out-of-court and undisclosed settlement.
A spokesperson from personal injury compensation specialist YouClaim comments, "This case highlights the reality that when you become an airline passenger, you expect your safety to be protected. If it's not, airlines may well be considered liable to pay out settlements to those affected."
100% compensation for your hearing loss
If you've sustained damage to your hearing and believe that another party may be responsible, whether an employer or someone else, it may be possible for you to claim compensation for your pain, injury, lost earnings and medical expenses.
Here at YouClaim we empower eligible claimants to do this without them ever incurring any costs, fees or disbursements, win or lose.
Our charge-free service is further enhanced by our 100 percent compensation promise; we never take a cut.
Learn how our hearing loss solicitors and our charge-free service can work for you, consult a legal advisor today by using echat, completing an online claim form or calling our injury helpline, on 0800 10 757 95.
