Compensation for the loss of taste and smell is assessed based on the severity and impact of the impairment. This means that it's impossible to give estimates of how much compensation you could receive without knowing the details of your situation. For example, complete loss of taste would entitle you to more compensation than partial loss, and the loss of both taste and smell would result in even more.

The Judicial College Guidelines provide a framework that offers benchmark figures for general damages related to sensory losses. The term 'general damages' refers to a part of your compensation claim that covers the pain, suffering and loss of amenity you experienced in the circumstances that caused your loss of smell and taste. While there are guidelines, the specific amount will be affected by:

• The extent of the sensory loss and whether it is temporary or permanent.
• How the loss affects your quality of life, including the enjoyment of food and drink, social interactions, and potential safety concerns (if you are left unable to detect smoke or gas leaks).
• Any emotional and psychological consequences, such as depression or anxiety resulting from the sensory loss.

Beyond general damages for pain, suffering and loss of amenity, claimants may also be entitled to special damages. These cover financial losses incurred due to the injury, such as:

• Medical expenses for treatments, therapies or medications.
• Lost earnings and income if you took time off work during your recovery, are now unable to work, or cannot do the job you used to do.
• Care and assistance expenses related to any personal care you needed because of the sensory loss, whether this was delivered by professionals or loved ones.

With all of these factors involved, it's essential to consult with a personal injury solicitor to obtain a comprehensive assessment of how much compensation you're owed that's tailored to your specific circumstances. The team at Switalskis can advise you based on your specific circumstances, and will consider all of the relevant aspects of your case to secure the maximum amount of compensation for your loss of smell and taste.

You may be eligible to claim compensation for loss of taste and smell if your condition results from an injury or negligence caused by another party. For example, if your loss of taste and smell arose from an accident caused by someone else's negligence, or if your employer failed to prevent occupational exposure over time, this could entitle you to make a compensation claim. 

There are several things you need to prove to claim compensation for a lost sense of smell or taste. 

1. You must show that the defendant owed you a duty of care. In some cases, this is taken as read, but in others it must be proved. A duty of care can take a number of forms. For example, employers have a duty to provide a safe working environment, drivers must operate vehicles safely, and product manufacturers must ensure their products are safe for use. All of these represent a duty of care.
2. You must prove that the duty of care was breached. This could mean that your employer failed to provide protective equipment before asking you to handle hazardous chemicals. A driver causing an accident due to reckless or negligent behaviour or a manufacturer selling a defective product would have breached their duty of care. Your solicitor can advise you on whether there was a breach and how to prove it.
3. You must demonstrate that the breach of duty directly caused the loss of taste and smell. This often requires medical evidence, such as a doctor’s report confirming nerve damage or brain injury. If toxic fumes were responsible for your smell and taste disorders, a toxicology report linking exposure to chemicals or fumes to your sensory impairment can be used to prove this.
4. Finally, you need to prove that you experienced harm due to your lost sense of smell and taste. The extent of the impairment and its consequences will affect how much compensation you receive, so it is important to be thorough. Medical records detailing the severity of the sensory loss, witness statements from family, colleagues or friends describing changes in your quality of life, and proof of financial losses can all be used as evidence here.

We've included some more specific examples below, but if you believe you may be entitled to taste and smell compensation, speak to the expert solicitors at Switalskis today to find out.

• A traumatic brain injury can damage the olfactory nerve or the brain areas responsible for processing smell and taste. In fact, even a mild concussion can lead to temporary or permanent loss of these senses. These injuries may be caused by a road traffic accident, fall or assault, and in all such cases you may be entitled to compensation. If the loss of taste and smell resulted from an assault or violent attack, the victim may be eligible for compensation through the Criminal Injuries Compensation Authority (CICA).
• Prolonged exposure to hazardous substances, such as solvents, pesticides or industrial chemicals, can damage the olfactory system. If exposure to toxic fumes is a risk in your job, your employer has a responsibility to minimise this risk. If they have failed to do so, this may constitute negligence that entitles you to compensation.
• If poor workplace ventilation leads to long-term inhalation of dust, fumes or pollutants and is not addressed by your employer, this may result in sensory impairment and entitle you to compensation.
• If an employer fails to provide adequate protective equipment or risk assessments, a worker may have grounds for an industrial disease claim. Similarly, if a workplace does not implement suitable health and safety measures and a worker is exposed to substances that damage their olfactory nerve cells, this can lead to compensation.
• Inhaling toxic gases such as carbon monoxide can cause neurological damage, leading to the loss of these senses. An employer (or landlord, if this exposure occurs at home) should install detectors for these harmful gases and take urgent action to address gas leaks when they arise.
• A head injury from a car accident, motorcycle crash or pedestrian incident can lead to anosmia or dysgeusia (distorted taste). If the accident was caused by another driver’s negligence, compensation could be pursued through a personal injury claim.
• Some defective products may emit fumes that can damage your smell and taste receptors. If manufacturers have failed to take action against this risk or recall defective products, and you are injured through the use of such a product, you may be entitled to compensation.

These are not the only examples, and if you have lost your sense of smell or taste and believe you might be entitled to compensation, call Switalskis today to discuss your circumstances and find out whether you're entitled to claim.