Loss of Smell Compensation – Anosmia Claims

Our senses of smell and taste serve as a profound gateway to our perception of the world around us. Therefore, when a person loses their sense of smell, it can drastically affect their quality of life. Whilst a loss of smell can occur naturally, it can also be caused by a result of various accidents that may have been avoided.

If you have lost your sense of taste or smell as a result of an accident due to someone else’s negligence, you may be eligible to make a loss of smell compensation claim. At Beacon Law, our specially trained personal injury lawyers can discuss your potential claim with you and provide advice on how to proceed.

Common accidents that lead to loss of smell compensation claims

Loss of smell, or anosmia, can be caused by a variety of accidents and incidents, leading individuals to pursue injury compensation claims to address the resulting hardships. Some common accidents that may lead to loss of smell compensation claims include:

Road traffic accidents:

Trauma to the head, face, or nasal passages in car accidents can result in skull fractures, damage to olfactory nerve cells, or other injuries that lead to anosmia.

Slip and fall accidents:

Falls that result in brain injuries, especially when impacting the face or head on a hard surface, can lead to damage to the olfactory nerves or other structures involved in the sense of smell.

Sports-related injuries:

Certain sports, such as contact sports like football, boxing, or hockey, pose a risk of head trauma that could lead to anosmia.

Workplace accidents:

Industrial accidents or construction site mishaps that involve head injuries or exposure to toxic chemicals may result in anosmia.

Assaults and physical altercations:

Intentional or unintentional injuries to the head during altercations or assaults can lead to damage that affects the sense of smell.

Medical negligence:

Surgical errors or complications during procedures involving the head or nasal passages, such as sinus surgery, may lead to anosmia.

Burn injuries:

Severe burns to the face or head area, especially if they result in scarring or tissue damage, can impact the olfactory system.

Toxic exposure:

Inhalation of toxic fumes or chemicals, such as certain cleaning agents or industrial substances, can damage the olfactory system and result in anosmia.

Fires:

In addition to burns, fires can release toxic smoke and fumes that may lead to damage of the olfactory nerves or other sensory-related structures.

It is important to note that the severity of the accident and the resulting injuries can vary widely, and not all accidents will lead to loss of smell compensation claims. Anosmia may be temporary or permanent, and its impact on an individual’s life can range from mild inconvenience to profound loss.

If you believe that your loss of smell is a result of an accident caused by someone else’s negligence or intentional actions, you should consult a legal expert to determine the viability of a compensation claim.

What are the time limits for loss of smell compensation claims?

In the UK, the primary limitation period for loss of smell compensation claims begins three years from the date when you became aware of your loss of smell and that the loss was likely caused by a specific incident.

However, there can be exceptions to this rule, such as:

Date of Knowledge:

If you weren’t immediately aware that your loss of smell was connected to a specific incident, the three-year time limit might start from the date when you first realised or should have realised that your loss of smell was caused by someone else’s negligence or wrongdoing.

Minors and Incapacitated Individuals:

For individuals who were minors at the time of the incident or who lack the mental capacity to bring a claim, the three-year limitation period might not start until they turn 18 or regain capacity.

Extensions and Exceptions:

There can be circumstances where the court may consider extending or modifying the time limit, such as if it can be demonstrated that it was not reasonably possible to discover the cause of the loss of smell within the normal limitation period.

How much a my loss of smell compensation claim worth?

The compensation amounts you receive will be split into two sections: general damages and special damages. General damage refers to the compensation payment you will receive for the pain, suffering, and loss of amenity you sustained as the result of your injuries. The amount of general damages compensation you receive will depend on the extent of your loss of smell.

Special damages refers to any additional financial losses incurred, such as care and assistance, travel expenses, loss of earnings and treatment costs.

We will negotiate a settlement with the Defendant based on our valuation of your injuries and special damages.

Your entitlement to make a claim

An individual may be entitled to make a claim if they have suffered harm or loss due to someone else’s negligence. The foundation of such claims typically rests on the principles of negligence and duty of care. To succeed in a negligence claim, the claimant must establish that the defendant owed them a duty of care, breached this duty, and that this breach directly caused the claimant’s injury or loss.

A duty of care arises in situations where it is reasonably foreseeable that one party’s actions could affect another, such as the responsibility a driver has to other road users. If the defendant’s actions fall below the standard expected of a “reasonable person” and result in harm, they may be considered negligent.

Furthermore, the harm suffered must not be too remote, meaning it should be a foreseeable consequence of the breach. In proving these elements, claimants demonstrate they were entitled to be protected from such harm under the law, laying the basis for a compensation claim.

How can Beacon Law assist?

Beacon Law are specialist personal injury solicitors based in Manchester. We have helped many of our clients obtain the compensation they deserve for loss of smell injuries sustained as the result of an accident.

We have years of experience in assisting those who have experienced all types of anosmia. We deal with personal injury claims on a daily basis and have vast experience in all injury-related cases.

Making a claim for loss of taste and smell compensation can be a difficult task to carry out alone; therefore, you must have expert Solicitors to guide you through the process. We aim to make the claims process as hassle-free as possible for you. We will ensure you are kept up to date, providing appropriate legal advice throughout the progress of your claim.

If you have sustained a loss of smell injury, you can initiate your claim for compensation by having an initial consultation with a member of staff from our personal injury department.

You can request an initial consultation by completing the online help form, and an experienced solicitor will contact you to discuss your case. Alternatively, you can call us on 0330 1332 857, and we will be happy to assist you with your query.

Beacon Law are authorised and regulated by the Solicitors Regulation Authority. To find out about our no win, no fee funding, have a look at the funding section on our website.