The client initially approached his local solicitors to investigate a claim for noise-induced hearing loss (‘NIHL’) against the Ministry of Defence. The firm felt that they did not have the expertise to take the claim on and it was referred to Hugh James.
The client served in the Royal Navy between 2004 and 2012 and was exposed to excessive noise from ships’ engine rooms, boiler rooms, maintenance equipment, and aircraft on the flight deck.
Both the client’s and defendant’s medical experts agreed that the client had over 20 decibels of permanent bilateral NIHL and that he would immediately benefit from hearing aids in both ears. Hugh James argued that the significant level of hearing loss rendered him disabled, under the Disability Discrimination Act 1995, and that he was at a disadvantage on the open job market when compared with his peers who did not have hearing loss.
Challenges in the case
The defendant made an initial offer of settlement to the client in the sum of £3,000.00. After reaching a stalemate in negotiations, Hugh James issued court proceedings. The defendant then admitted liability, accepting that it was responsible for 80% of the client’s hearing problems. The discount of 20% also accounted for the fact that the client’s case had been brought outside of the primary limitation period of 3 years.
Settlement
Hugh James military solicitors invited the defendant to several joint settlement meetings throughout the claim, all of which were refused by the defendant. The claim ultimately settled 6 days before trial, to the sum of £318,750 gross of the liability discount.
Hannah Baker, Associate in our Military department commented:
This case could have concluded much sooner if the defendant had taken the value of the claim seriously from the beginning. After receiving an initial offer from the defendant for £3,000, I was so pleased to eventually settle this claim for £255,000 net without the need for trial, the thought of which had been an ongoing worry for the claimant and his family. Though the claimant’s compensation will not restore his hearing, it will compensate him for the disadvantages that he now faces as a result of his hearing loss and will enable him to purchase and replace costly hearing aids that will enable him to hear better.
Client commented:
The complexities of my case were explained in a way which helped my understanding and the advice I received was always clear and consistent. I cannot thank Hannah and the team enough for all of their help over this long period and I wouldn’t hesitate to recommend their services to anyone.
