We will assess your injury claim We will assess your injury claim

Ear Injury Compensation

Does ear injury compensation only cover physical injuries or can I also claim for severe depression? I lost an ear in an industrial accident and I have suffered mental health problems ever since. My husband says that an ear injury claim will include depression, is this right?

Question:

Does ear injury compensation only cover physical injuries or can I also claim for severe depression? I lost an ear in an industrial accident and I have suffered mental health problems ever since. My husband says that an ear injury claim will include depression, is this right?

Answer:

Your husband is correct; a claim for ear injury compensation can be made for any suffering caused by the accident. A serious accident involving the loss of a body part will naturally cause considerable mental suffering, and it is your legal right to receive recompense for every aspect of your injury.

The purpose of ear injury compensation is to compensate a victim for any pain and suffering, as well as financial loss and loss of amenity – the deterioration of your quality of life due to your injury. Mental health problems are included in a claim for general damages under pain and suffering, and any hearing loss could also be claimed under loss of amenity.

When you make an ear injury compensation claim, all aspects of the injury should be factored into the compensation amounts. If you speak with a personal injury solicitor about your case, you will be advised of the damages you are eligible to and your chosen legal representative would ensure that your maximum entitlement to compensation for ear injury is claimed.

Whenever an injury is sustained in an accident caused by third party negligence, it is necessary to determine the extent of the injuries and how they affect an individual. A solicitor may need to arrange for the claimant to undergo a medical examination by experts in the field to determine the extent of injuries, and how these are likely to affect the claimant throughout life.

How the loss of an ear has affected you is easier to quantify than any psychological trauma or mental health problems you have suffered. Psychological issues can be difficult to prove and the extent to which they affect an individual can be open to debate. To ensure that you receive adequate recompense for your depression as well as the physical injuries you have suffered, it is strongly recommended that you use an experienced personal injury solicitor to pursue your ear injury compensation claim.

One area of concern from your question is when the accident actually took place. You say that you have suffered ‘ever since’, and this suggests that the accident occurred some time ago. In the UK you only have a specific time frame in which to make a claim for personal injury compensation and if a claim is not initiated within this period it will be time-barred and you will not be able to claim any ear injury compensation.

Under the UK Statute of Limitations, an accident victim has only 3 years in order to make a claim. Before ear injury claims can be filed, there are legal procedures which need to take place, and an ear injury compensation claim may take some time to prepare. It is therefore vital that you speak with a personal injury solicitor as a matter of urgency, to make sure that you do not jeopardise your legal right to claim ear injury compensation.