Professional negligence · Armed forces
If a previous solicitor settled your noise-induced hearing loss or tinnitus claim for less than it was worth, you may be able to recover the difference.
The short version
Thousands of armed forces personnel have brought claims against the Ministry of Defence for noise-induced hearing loss (NIHL) and tinnitus caused by inadequate hearing protection during service. Many settled. But a settlement is only as good as the advice behind it.
When a solicitor rushes a settlement, fails to gather the right audiology evidence, or — most commonly — ignores future losses such as pension and lost earnings, the result can be a payout worth a fraction of the real claim. That is an undersettled claim.
The good news: where a former solicitor's negligence caused you to receive too little, the law lets you recover that shortfall. This is a professional negligence claim, brought not against the MOD, but against the adviser who let you down.
Hugh James acts at the very forefront of military hearing loss litigation — we ran the landmark group action Abbott & Others v Ministry of Defence [2026] EWHC 941 (KB) for tens of thousands of veterans. That depth of expertise is exactly what's needed to recognise when an earlier claim fell short.
This is not a new claim against the MOD, and it is not about the Armed Forces Compensation Scheme (AFCS) tariff. It is about holding a previous solicitor or claims firm to account for undersettling a civil claim they handled for you.
Below you'll find a complete guide — what undersettlement is, how to spot it, how claims should be valued, the strict time limits, and how the process works on a no win, no fee basis.
Why claims fall short
Pension loss, reduced earning capacity and the impact of a medical discharge are routinely left out — yet they are often the largest part of the claim.
Without a properly instructed audiologist, the severity of NIHL and tinnitus is understated, dragging the whole valuation down.
Clients are sometimes rushed into accepting a first offer before the true, long-term effect of their injury is understood.
Some settlements cover only pain and suffering, with no proper claim for special damages — the financial losses flowing from the injury.
Hyperacusis, the cost of hearing aids over a lifetime, and care or assistance needs are missed entirely.
Where a client is not clearly told what their claim is worth, they cannot give informed consent to settle — a classic negligence scenario.
Explore the full guide
Eleven plain-English guides covering the law, the numbers, the deadlines and the process.
What an undersettled claim actually is — and why it's a separate claim from your original case against the MOD.
Read more Self-checkTen common warning signs that a previous solicitor may have settled your claim for too little.
Read more The legal basisDuty, breach and causation: how a claim against your former solicitor is actually built.
Read more DeadlinesHow long you have to bring a professional negligence claim, and why the clock may be ticking.
Read more ValuationHow a hearing loss and tinnitus claim should be valued, so you can judge whether yours fell short.
Read more How damages workHow the courts value what you lost when a solicitor undersettles — the 'loss of a chance' principle.
Read more Hidden lossesLost pension, lost earnings and career impact — the losses most often left out of a settlement.
Read more FundingWhy most of these claims can be run on a no win, no fee basis.
Read more Step by stepWhat happens from your first call through to recovering your shortfall.
Read more EvidenceWhy the right audiology evidence is central — and how weak evidence causes undersettlement.
Read more QuestionsStraight answers to the questions veterans ask us most often.
Read moreIndicative valuation
General damages ranges from the Judicial College Guidelines (17th edition). Many undersettled claims captured only a fraction of these figures — and missed the financial losses on top.
| Severity of injury | Indicative general damages |
|---|---|
| Severe tinnitus with NIHL | £36,260 – £55,570 |
| Moderate tinnitus and NIHL (or one of them, moderate–severe) | £18,180 – £36,260 |
| Mild tinnitus with some NIHL | £15,370 – £18,180 |
| Slight NIHL or slight tinnitus alone | Up to £8,560 |
Figures are general-damages guidelines only and exclude special damages such as lost earnings, pension loss and the lifetime cost of hearing aids — which can far exceed the figures above. Every claim is assessed on its own facts. See how valuation works →
How it works
We listen to what happened, take a few details about your previous claim, and tell you honestly whether it's worth investigating.
With your authority, we request the file from your previous solicitor and reconstruct what your claim should have been worth.
Where needed, we instruct an independent audiologist and other experts to establish the true value you lost.
We put the claim to the former solicitor and their insurers, and negotiate — or litigate — to recover your shortfall.
Most reviews take a short phone call. There's no cost and no obligation to proceed.
Start my free review 033 3016 2222Your specialist
Your claim is handled by a dedicated, recognised professional negligence team — not a call centre. We understand service life and the way military claims are valued.
Abigail Flanagan is a Partner and Head of Professional Negligence at Hugh James. She acts in claims against solicitors, accountancy practitioners and other finance professionals, including matters involving pensions — exactly the issues that cause military hearing loss claims to be undersettled. Her team is recognised by The Legal 500.
029 2267 5560Partner
Head of Professional Negligence
Request a callbackAdd Abigail's profile photo here before publishing.
What our clients say
Hugh James maintains genuine, verified client reviews. Embed your live Trustpilot widget here so visitors see real, up-to-date feedback.
Trustpilot review carousel
Placeholder — drop in the Hugh James Trustpilot TrustBox embed (your existing Business Unit ID) to display live Military reviews here.
A free, confidential case review will tell you whether a former solicitor left money on the table — and whether it can still be recovered.
Free case review
Tell us a little about your previous military hearing loss claim. There's no cost, no obligation, and everything you share is confidential.
We assess whether your previous settlement fell short — and whether a claim is realistic — before you commit to anything.
If we take your case on, it's typically funded by a conditional fee agreement, so there's nothing to pay up front.
A member of our military claims team will be in touch shortly to arrange your free review.