Client’s story: £50,000 settlement for former soldier with permanent hearing loss and tinnitus

How his condition affects him now

Although the hearing loss is described as mild, it still affects him in practical ways. He finds conversations difficult, particularly in places where there is background noise. He prefers to be face to face with the person speaking so that he can follow what is being said. Telephone conversations are challenging, and in his current employment he struggles to understand colleagues speaking through radio communication systems.

His tinnitus is constant. It does not disturb his sleep, but it is always present and can be aggravated by certain loud sounds. Living with continuous ringing or buzzing in the ears can be distracting and frustrating, even where sleep is not affected.

Bringing a legal claim against the Ministry of Defence

This was a civil claim brought against the Ministry of Defence. A civil claim allows someone to seek compensation where an organisation has failed to take reasonable steps to protect them from harm. In this case, the claim argued that the Ministry of Defence had not provided adequate protection from excessive noise during training, which led to our client developing hearing loss and tinnitus.

In simple terms, a duty of care means an obligation to take reasonable steps to protect someone from foreseeable harm. In military training environments, this can include taking reasonable steps to protect service personnel from excessive noise exposure during non-combat activities.

When the claim was issued, meaning formal court proceedings were started, the Ministry of Defence denied the claim in full. This meant they did not accept legal responsibility at that stage.

There were several important legal issues that had to be addressed.

One was limitation. In personal injury cases, there is normally a three year time limit to bring a claim. In hearing loss cases, this time limit can be complicated because symptoms may develop gradually and may not be immediately recognised as significant. Limitation was one of the issues negotiated as part of the final settlement.

Another issue was combat immunity. Combat immunity is a legal principle which means the Ministry of Defence does not owe a duty of care for injury caused during actual combat operations. Our client had spent time on overseas deployments in combat situations. It was accepted that the Ministry of Defence did not owe a duty of care for damage caused during that time. As a result, some of his noise exposure could not form part of the legal claim.

There was also the issue of contributory negligence. This is where a Defendant argues that a claimant contributed in some way to their own injury, and that compensation should be reduced accordingly. In this case, agreement was reached that there would be a 20% deduction. This meant our client recovered 80% of the full value of his claim. The deduction reflected the agreed position on combat immunity and limitation.

Importantly, 80% in the claimant’s favour does not mean he was 80% to blame. It means that 80% of the assessed value of the claim was paid.

The medical evidence

Independent medical evidence plays an important role in hearing loss claims. Conditions such as hearing loss and tinnitus are not always obvious to others, so expert assessment is needed to understand the nature of the condition, how severe it is, and whether it is likely to be linked to the noise exposure described.

Our client relied on the evidence of an ENT consultant, who assessed his hearing loss and tinnitus, confirmed that both are permanent, and provided an opinion on causation. An audiologist also provided expert evidence regarding the most appropriate types of bilateral hearing aids and equipment available to assist with tinnitus management.

The settlement

Following negotiations with the Ministry of Defence, we were able to secure an increased offer which our client decided to accept. The claim settled for £50,000. This figure represented 80% of the full value of the claim, reflecting an agreed 20% reduction. That reduction was applied to account for the legal issues of limitation and combat immunity that formed part of the discussions between the parties.

The claim was funded under a Conditional Fee Agreement, often referred to as a “No Win No Fee” agreement. Under this type of agreement, certain costs are deducted from the compensation once a case has successfully concluded. In this case, a success fee and the premium for After the Event insurance were deducted in accordance with the funding agreement.

A success fee is a percentage of the compensation that contributes towards the legal costs of bringing the claim. After the Event insurance is a policy taken out after a claim has started which protects the claimant from having to pay certain legal costs if the case is unsuccessful.

The settlement will allow our client to purchase private bilateral hearing aids and specialist equipment to help manage his tinnitus symptoms. Hearing aids can improve the clarity of everyday conversations, whilst tinnitus management equipment can help reduce the prominence of the ringing or buzzing in the year by providing sound therapy. Together, these measures can help make communication easier and support our client in managing his symptoms both at work and in daily life.

How we supported our client

Throughout the claim, our client was kept fully informed and involved in each stage of the process. Given the complexity of issues such as limitation and combat immunity, a Barrister was instructed to assist with the preparation of court documents. We ensured that every legal issue was clearly explained so that our client could make informed decisions.

How we can help

If you served in the Armed Forces and have developed hearing loss or tinnitus, you may be able to bring a civil claim if your condition was caused by avoidable noise exposure during training or other non-combat duties.

Claims involving military service can raise complex legal issues and strict time limits, which can make it difficult to know where to start. Speaking to a specialist solicitor can help you understand whether you may have a claim and what steps may be available to you.

Our Military Claims team offers a free, no obligation claim assessment, where we can listen to what has happened, explain the legal position clearly, and discuss the options open to you.

Call us on 0808 239 5461 or  request a callback to find out how we may be able to help.