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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience:  Over 5 years in practice
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I have recently been diagnosed with tinnitus and have been

Resolved Question:

I have recently been diagnosed with tinnitus and have been informed I require a hearing aid for each ear. I have been experiencing noise in my ears for quite sometime but I have recently noticed that there has been loss of clarity when someone is speaking and I cannot hear certain high frequencies. I am 52 years old and unsure whether this diagnosis could be related to a noisy machinery environment I worked in from 1978 to 1981. Also intermittently I worked in noisy machinery area from 1995 to 2003.

Is the time span too long ago to try & pursue a claim in relation to this matter?

kind regards

Jan
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

When did you first become aware of the condition please?
Customer: replied 2 years ago.

Noises in my hears approx 12 months ago or more. Loss of clarity and unable to hear certain frequencies approx 2 or 3 months ago

Expert:  Jo C. replied 2 years ago.
Thanks.

This is essentially a personal injury claim. Normally under the Limitation Act 1980 you would have a period of three years from the date of the wrongful act to sue.

However, the Latent Damages Act 1986 might assist you to a limited degree. Under that Act you would have three years to bring the claim from the date upon which the damage was discovered.

However, there is a complication. The legislation does impose a long stop date for negligence claims of fifteen years from the date of the wrongful act.

That would mean that the 2003 events would be included but not the 1970s - 80s.

You can apply to extend time under the Limitation Act 1980 but you do need a very good reason.

Obviously you do need to prove that the damage you have suffered was caused by a particular event or environment.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo


Customer: replied 2 years ago.

Do you actually know of any solicitors who would be willing to take on this type of claim or in your expert opinion is it really not worth pursuing?

Expert:  Jo C. replied 2 years ago.
The truth is that its not worth pursuing unless you can prove that the damage was caused by events in 2003.

The difficulty is that you would have to prove that the earlier events did not contribute.

If you can get over that hurdle then it might well be worth pursuing.

You would need to approach no win no fee firms if you cannot fund the action yourself.

It is probably something that would interest them because the claim would be for a high amount so they could claim their costs from the other side.
Customer: replied 2 years ago.

Thank you

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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