PDA Law | MILITARY CLAIMS SPECIALISTS
£700,000 Compensation Awarded to Former Royal Marine
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£700,000 Hearing Loss Compensation Awarded to Former Royal Marine
As you may have read in the press, a former Royal Marine – Mr Barry – was awarded over £700,000 in March 2023 for hearing loss caused while taking part in exercises and on the firing range while he was in the Armed Forces.
Why was Mr Barry awarded so much money?
The key factors here are that Mr Barry was young when he developed the hearing problem – he was only 25 years old when it first became noticeable – AND, crucially, but for the hearing problem it had been his intention to remain in the military and make a long-term career out of it.
As he couldn’t remain in the Marines due to his hearing defect he was entitled to recover in excess of £600,000 for loss of earnings and loss of pension as his post military earnings potential – when taking into account the restrictions caused by the hearing damage – was assessed to be below what he could have achieved had he been able to remain in the armed forces. If you served in the forces and left due to similar circumstances, that is to say that a hearing problem was a decisive factor in you leaving the services, then this award – while seemingly high – would very possibly be achievable for you too.
How is earnings potential assessed?
If appropriate we would commission a specialist employment report to assess future earnings potential, as was done in this for Mr Barry.
Why is that so important?
The previous case of Inglis v MOD is crucial. Like Mr Barry, Mr Inglis was also a Royal Marine. Upon leaving the forces, he was earning more than in the military, and that was still the case when his case was assessed (he worked abroad during private security). However, despite the fact that his earnings had gone up, he was still awarded over £250k for future loss of earnings as the employment report concluded that his higher wages wouldn’t be sustainable longer term – working abroad in security isn’t likely to be applicable as you get older – and when this came to an end he would be looking at wages for less than had he remained as a Marine.
However, most of our clients left the forces many years ago and for reasons unconnected to hearing, so loss of earnings and pension arguments may not apply. That is not to say that you shouldn’t contact us about a claim though.
Could you get an award as high as this?
If you left the forces directly because of your hearing damage and haven’t been able to earn as much since then the answer is yes. PDA Law are currently assisting clients whose cases we believe could be valued in excess of the award made to Mr Barry. To achieve an award of this nature though the hearing loss must be recorded in your military notes/medical notes as a key reason for leaving the forces.
What if you didn’t leave due to my hearing loss? What kind of award might I get?
The average damages award for cases we have generated is over £50,000. Exactly how much you may get is dependent upon a number of factors, such as your current age and the extent of the loss/tinnitus but typical awards consist of:
General damages – Money awarded for the actual loss itself – usually ranging from £10,000 to £30,000 (although awards can be as high as £70,000).
Special damages – Can be for anything but most usually to cover private hearing aids, ranging from £6,000 to £40,000 depending upon your age, and therefore how many replacement pairs you may require.
Contact PDA Law today and see if you might be eligible to claim compensation for your hearing loss, it is free to contact us and we will only even accept cases on a strict no win no fee basis.