Deafness claims

View PI & Clinical Negligence by content type:

Practice notes

Precedents

Q&As

Featured PI & Clinical Negligence content

False imprisonment

LiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public...

Pain, suffering and loss of amenity

Valuing the lossHow should an injury be measured in a sum of money? After all no formula can calculate the value of the loss of an arm or of the sense...

Past loss of earnings

Common issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss...

What is fundamental dishonesty?

This Practice Note considers fundamental dishonesty both in the context of section 57 of the Criminal Justice and Courts Act 2015 (CJCA 2015) and the...

Practice notes

CRU certificates—recoverable benefits and lump sum payments

Separate legislation covers the recovery of NHS charges. For guidance on requesting and challenging a certificate of NHS charges, see Practice Note:...

9th Nov

Practice notes

Psychiatric injury—primary victims

Defining the primary victimA primary victim is a claimant who was directly involved as a participant in the incident that caused their psychiatric...

9th Nov

Practice notes

Smith v Manchester awards

The nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury,...

9th Nov

Practice notes

Collateral benefits and double recovery

General principlesAs a general rule, a claimant must give credit for any financial gains they make that they have received as a result of their...

9th Nov

Practice notes

Was the damage foreseeable?

The concept of foreseeability and remotenessEven if the claimant proves:•that the defendant acted negligently (ie in breach of duty), and•that the...

9th Nov

Practice notes

Catastrophic injury claims—heads of claim

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25%. The new discount rate came into effect on 5...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Vicarious liability in the course of employment—the close connection test

To identify the circumstances in which a court may find an employer to be vicariously liable for a tort committed by an employee it is useful to trace...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Motor insurance

Brexit: The UK's departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Qualified one-way costs shifting (QOCS)—case tracker

This case tracker considers case law in relation to qualified one-way costs shifting (QOCS) in order to provide some guidance on how the courts are...

9th Nov

Practice notes

Low Velocity Impact RTAs—in detail

IntroductionOver the past decade or so, motor insurers have adopted and developed a strategy for identifying and dealing with road accident personal...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Personal injury experts

Expert witnesses are instructed in personal injury claims to provide an opinion on medical and non-medical technical issues within their field of...

Produced in partnership with Ian Huckstepp of IRH Solicitors 9th Nov

Precedents

Claim against a defendant driver’s insurers holding them liable under section 151 of the Road Traffic Act 1988

Brexit: The UK’s departure from the EU on exit day, ie 31 January 2020, has implications for practitioners considering road traffic accidents. For...

9th Nov

Practice notes

Claims under the Consumer Protection Act 1987

Brexit: As of exit day (11 pm on 31 January 2020), the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the...

9th Nov

Practice notes

Future loss of earnings—personal injury claims

NOTE: On 15 July 2019 the Lord Chancellor announced that the discount rate would change to minus 0.25% from the previous level of minus 0.75%. The new...

9th Nov

Practice notes

Applying for an interim payment order in personal injury claims

Timing and procedureA claimant can apply for an interim payment order after the end of the period for filing an acknowledgment of service.See Practice...

Produced in partnership with Andrew Wilson 9th Nov

Practice notes

Claims for lost years

The claim and basis for itThis type of claim is made on behalf of a living claimant whose life expectancy has been reduced as a result of the...

9th Nov

Most recent Deafness claims content

Precedents

Claim against an employer for noise-induced hearing loss resulting from exposure to excessive noise while working on construction sites

Claim No. [insert number]In the County Court at [insert location]Between[Insert claimant name] Claimantsand[Insert defendant...

Produced in partnership with Tom Pacey of 12KBW 30th Sep

Q&As

What is the authority for the proposition that knowledge of the presence of tinnitus in the absence of knowledge of hearing loss will not trigger a date of knowledge?

Limitation in noise induced hearing loss claimsTinnitus can cause some confusion in considering limitation. For further guidance, see Practice Note:...

28th Sep

Q&As

In relation to a Personal Injury claim where the accident took place in June 2015, what is the procedure under the Third Parties (Rights Against Insurers) Act 1930?

The date of the accident is potentially determinative of whether the Third Parties (Rights Against Insurers) Act 1930 (TP(RAI)A 1930) or the new Third...

Produced in partnership with Andrew Wilson 28th Sep

Practice notes

Investigating disease claims

Client’s instructionsAs with any personal injury claim the client’s instructions will be crucial. If they have remained resident in the area where the...

26th Sep

Practice notes

Noise induced hearing loss—assessment of damages

Noise induced hearing loss is referred to as NIHL in this Practice Note.General damagesThe factors relevant to the likely level of general damages...

Produced in partnership with Sue Brown 26th Sep

Precedents

Letter of Claim for a noise induced hearing loss claim against an employer

AddressYour Ref:Our Ref:Please ask for:Date:Telephone:Email:Dear [insert organisation name]Re: Claimant’s Full Name:Claimant’s Full Address:Claimant’s...

26th Sep

Practice notes

Noise induced hearing loss—understanding audiograms

Basic pointers on audiogramsThe ability to read and interpret audiograms is essential when dealing with noise-induced hearing loss (NIHL) claims. If...

26th Sep

Practice notes

Guidelines on the diagnosis and quantification of NIHL

The primary resource used by medicolegal experts and the courts in the diagnosis of noise-induced hearing loss (NIHL) is the document by R. E. Coles,...

25th Sep

Practice notes

Tracing defendants and insurers in NIHL claims

In the majority of noise induced hearing loss (NIHL) claims the noise exposure that caused the hearing damage occurred many years ago. The workplaces...

25th Sep

Practice notes

Noise-induced hearing loss—Glossary

Air conduction (AC)The transmission of sound through the outer and middle ear to the inner ear. The standard audiogram is measuring air...

25th Sep

Practice notes

Limitation in Noise Induced Hearing Loss claims

Limitation is almost always an issue in NIHL claims. The typical claimant is someone who was exposed to noise at work much more than three years...

25th Sep

Practice notes

Noise Induced Hearing Loss claims—summary of changes in the law since 1963

There have been a number of developments in the law relating to noise exposure in the workplace since 1963 when it was first officially recognised as...

25th Sep