If you have suffered hearing loss as a result of someone else’s negligence, you are likely eligible for compensation for a personal injury. This article will discuss the circumstances under which an individual can recover compensation for hearing loss in a personal injury claim.
It must be noted that in many cases, the likely causes of hearing loss are a result of work related injuries. For example, from machinery or devices that emit loud noise and cause hearing damage. In such a case, the employer may be liable for the damage if, say the employer has disregarded regulations that are typically enforced by the Occupational Safety and Health Administration (OSHA). Further, if the employer fails to warn employees about the dangers from the noise in the workplace, the employee is able to pursue a lawsuit.
Generally, hearing loss injuries result from one of the following three situations:
- A prolonged exposure to overly loud noises
- Injuries to the head during an auto accident or another type of accident
- Exposure to a sudden, extremely loud noises
Claims for compensation related to hearing loss can be made to the party that caused the injury or the defendant’s insurance company. However, it is important to note that not every injury resulting in hearing loss will qualify as a personal injury whereby the injured person can seek damages.
There are two main types of hearing losses, these are:
Conductive hearing loss - this occurs when any part of the ear cannot properly transmit sound waves to the eardrum.
Sensorineural hearing loss - this occurs due to damage to the central nerve, inner ear or sound processing portions of the brain and results in the nerves and brain being unable to process sound. This type of hearing loss is usually genetic and ranges in severity from moderate to complete deafness.
Hearing loss can also be a combination of the two main types of hearing loss.
It must be noted that hearing loss can result in a sizeable payment of compensation. For example, in 2007 a man filed a lawsuit after suffering a hearing loss and constant ringing in ears when a tire exploded from a Jeep Wrangler. The man was awarded $1.5 million in damages. A loss of hearing can be compensated for in a personal injury action however only if it was caused by another person’s actions. The plaintiff may even recover compensation for hearing loss due to a physician’s treatment under medical malpractice action.
In order to receive damages, the injured person must prove that their hearing was unaffected prior to the person’s actions, and that the action caused them to lose their hearing, and that they incurred expenses as a result of their hearing loss. It must be noted that the loss does not have to be total loss; even partial loss lasting only for a period of time can be compensated for.
If you have suffered hearing loss due to an accident contact a personal injury lawyer for car accident.