New York City Personal Injury Law Blog
What You need to Know About Personal Injury Claims for Hearing Loss
Posted on Oct 29, 2014 in Legal Terminology
You may be entitled to compensation as a form of personal injury if someone else’s intentional or negligent behavior has caused your hearing loss. These types of injuries are usually work-related, in which case, the employer might be held liable as he will be considered to have disregarded certain regulations. In addition to that, if the employer failed to warn the employee about dangers from noise in the workplace, the employee might be able to pursue a lawsuit.
Usually, injuries causing hearing loss result from one of the following:
- Prolonged exposure to very loud noises
- Injuries to the head during an accident
- Exposure to an extremely loud sudden noise
Compensation as a form of personal injury claim may be recovered from either the party that causes the injury or their insurance company.
Types of Hearing Loss
Hearing loss is of two types:
- Conductive Hearing Loss
Conductive hearing loss occurs sound waves cannot be properly transmitted to the eardrum by any part of the ear.
- Sensorineural Hearing Loss
Sensorineural hearing loss is caused by damage in the inner ear, central nerve, or sound-processing portions of the brain. This means that the brain and the nerves are unable to process sound. This type of hearing loss is ranges from moderate severity to complete deafness and is usually genetic. A combination of the above two types can also cause hearing loss.
Compensation Claims for Hearing Loss
There might be a sizeable payment of compensation that results from hearing loss. Hearing loss can be compensated for in a personal injury action, but only if another person’s actions caused it. Compensation may also be recovered if hearing loss occurs due to a physician’s treatment. This is prosecuted under medical malpractice.
It is not necessary that there be a total hearing loss. Even a partial hearing loss that lasts just for a short period of time may result in compensation. In order to be liable to receive compensation and damages, the injured person must be able to prove that their hearing was not affected before the defendant’s actions. They must also be able to prove that it was the actions or inactions of the defendant that caused them to lose their hearing. They must also show the expenses they incurred as a result of their hearing loss. Permanent damage is also compensated for and the amount of compensation received depends on whether the permanent loss is total or partial and the individual’s age.
Standards for Recovering Compensation
A person who suffers from hearing loss may be able to claim compensation for lost wages, past and anticipated future medical expenses, and pain and suffering. While compensation for past medical expenses is on a dollar-for-dollar basis, future medical expenses are calculated on the basis of the testimony of a physician about how much additional treatment might be required.
If you have been the victim of hearing loss resulting from another person’s behavior, you should seek legal counsel right away.