JMW Solicitors secured a six-figure settlement for Rifleman M, who suffered hearing loss and catastrophic tinnitus after being exposed to live-firing exercises without adequate hearing protection. The compensation included claims for his injuries, loss of career and ongoing needs for hearing aids and other supportive devices.

The Case

Rifleman M was participating in a military exercise involving live firing when he experienced a severe hearing injury. Despite requesting replacement ear defenders, he was not issued any before the exercise began. During the exercise, a heavy machine gun was fired just 5-10 metres from Rifleman M’s position, causing an immediate “pop” in his left ear, followed by muffled hearing and sharp pain.

After reporting the incident, Rifleman M was advised that the symptoms would subside. However, his hearing did not improve, and subsequent audiograms confirmed hearing loss graded H1 and a diagnosis of catastrophic tinnitus. As a result, Rifleman M’s lifelong ambition to serve in the infantry was cut short. He was medically discharged, as his hearing was no longer compatible with his role in the Army. Despite being offered an alternative position, it was not what he had enlisted for.

Rifleman M’s hearing loss severely impacted his daily life. He required a hearing aid in his left ear and struggled to hear in noisy environments or over the phone. His tinnitus was intrusive, leading him to avoid social situations. Additionally, his difficulty in perceiving the direction of sounds made activities like cycling hazardous.

The Claim

Rifleman M approached JMW Solicitors for help in securing compensation for his injuries and losses. We obtained expert evidence to demonstrate the extent of his hearing loss and the specific challenges associated with one-sided hearing loss, such as speech recognition and sound location. The evidence also highlighted the significant impact of his condition on his daily life and future career prospects.

We prepared a comprehensive claim to the Ministry of Defence that included compensation for Rifleman M’s injuries, loss of earnings, loss of military benefits, loss of pension and loss of career. The claim also covered the costs of hearing aids, a tinnitus sound generator and an aid to assist with cycling, as well as the cost of replacing these items throughout his lifetime.

Final Settlement

Following a settlement meeting, JMW Solicitors successfully negotiated a six-figure settlement for Rifleman M. This compensation provides him with the resources he needs to manage his condition and move forward with his life, knowing that his service and sacrifices have been recognised.