Chicago Hearing Loss Lawyer
Hearing loss can significantly impact an individual’s day-to-day life. When sudden hearing loss is acquired through an injury or accident, the impact can disrupt a victim’s personal relationships, ability to communicate, and the way he or she navigates the world.Â
If you or a loved one have experienced hearing loss due to a workplace accident, traumatic injury, defective products, or medical negligence, the Chicago hearing loss lawyers at Ankin Law are here to help. With a proven track record in handling hearing loss claims, we are dedicated to fighting for your rights and seeking a settlement that accurately reflects the true cost of your injury.
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Table of Contents
Common Causes of Hearing Loss
While hearing loss injuries can be sustained at any age due to a variety of circumstances, there are several common causes of acquired hearing loss.
The most prevalent cause of hearing loss occurs as a natural part of the aging process. As individuals get older, the delicate structures of the inner ear start to deteriorate, leading to gradual hearing loss over time. This type of hearing loss may not be preventable, but workplace exposure and other factors can contribute to the condition.
Noise-induced hearing loss is another common cause of hearing injuries. Prolonged exposure to loud noises can damage the sensory cells in the inner ear. Over time, this damage accumulates and can result in permanent hearing loss. Additionally, traumatic injuries, such as a head injury or ear injury, can cause damage to the auditory system, leading to immediate or delayed hearing loss.
Infections can cause inflammation and fluid buildup in the middle ear, causing victims to suffer hearing loss if left untreated. In some cases, a medical professional may fail to diagnose or treat a condition that later results in hearing loss. Additionally, some medications, particularly those used for chemotherapy and some antibiotics, can be harmful to the auditory system and cause hearing loss as a side effect.
Understanding the common causes of hearing loss can aid in its prevention, early detection, and appropriate management. Identifying the cause of a hearing loss injury can also help victims determine who to sue for hearing loss.
Types of Hearing Loss
There are three primary types of hearing loss, referred to as conductive, sensorineural, and mixed.
- Conductive hearing loss occurs when sound waves cannot efficiently reach the inner ear due to blockages or abnormalities in the outer or middle ear. It is often treatable with medical interventions or surgery.
- Sensorineural hearing loss results from damage to the inner ear or auditory nerve. This type of hearing loss is usually permanent and is commonly caused by aging, noise exposure, or genetic factors.
- Mixed hearing loss is a combination of both conductive and sensorineural hearing loss, involving issues in both the outer/middle ear and inner ear or auditory nerve
What Is the Average Payout for Hearing Loss Claims?
The average payout for hearing loss claims can vary depending on several factors, such as the severity of the hearing loss, the cause of the impairment, and the type of claim being filed. In general, there is no fixed or standard value for hearing loss claims.
For work-related hearing loss claims, compensation may be determined by the workers’ compensation system, which typically considers the degree of hearing impairment, the impact on the person’s ability to work, and the average wages. A personal injury claim may involve negotiations between the affected party and the responsible party’s insurance company or legal representatives.
In a hearing loss claim, various types of damages may be available to compensate the victim for his or her losses. These damages can include:
Economic damages: These cover measurable financial losses, such as medical expenses, costs of hearing aids, rehabilitation, and lost wages due to the hearing impairment.
Non-economic damages: These are intangible losses, including pain, suffering, emotional distress, loss of enjoyment of life, and loss of consortium.
Punitive damages: In certain cases, punitive damages may be awarded to punish the party at fault for negligent or intentional actions that led to the hearing loss.
Victims should consult with a hearing loss lawyer to understand the compensation available in a particular case. He or she can provide advice and guide claimants through the process to seek fair and appropriate compensation for their hearing loss.
Who Is Liable for Hearing Loss Injuries?
Liability for hearing loss injuries can vary depending on the circumstances. In cases of work-related hearing loss, employers’ workers’ compensation insurance companies may be held liable. For other situations, liability may rest with parties responsible for causing the injury, such as product manufacturers, property owners, or individuals engaging in harmful activity.
Hearing Loss Caused by a Workplace Injury
In work-related hearing loss cases, even if an employer is not directly responsible for job-related hearing loss, workers’ compensation insurance is required to compensate injured workers who sustained their hearing loss while performing work-related duties.
Hearing Loss Caused by a Traumatic Accident
Liability for hearing loss caused by an accident, such as a motor vehicle accident, depends on the circumstances. If the accident resulted from someone’s negligence or intentional actions, that person or entity may be held legally responsible for the resulting damages.
Hearing Loss Caused by Dangerous Medication
Hearing loss caused by medications, known as ototoxicity, can occur as a side effect of certain drugs. In such cases, the manufacturer of the medication may be held liable.
Hearing Loss Caused by Defective Equipment
In cases of hearing loss caused by defective equipment, the manufacturer or distributor of the faulty product could be held liable for the resulting injuries.
Personal Injury Lawyers at Ankin Law:
If another party is liable for your injuries, contact an experienced hearing loss lawyer to get started with your recovery.
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Proving Fault in a Hearing Loss Claim
Proving fault in a hearing loss claim based on negligence involves establishing four key elements: duty of care, breach of duty, causation, and damages. Claimants must demonstrate that the party responsible owed them a duty to prevent hearing loss, this duty was breached through negligence or product defects, the breach directly caused the hearing loss, and the plaintiff suffered some type of loss. Evidence such as medical records, expert testimonies, workplace safety records, and product testing results may be crucial in establishing fault.
Frequently Asked Questions About Hearing Loss Claims
Why Should I Hire a Hearing Loss Lawyer?
A hearing loss lawyer is essential to help gather evidence, prove fault, and maximize compensation. An attorney can protect your rights, handle negotiations with insurance companies, and ensure you receive fair compensation for your hearing loss.
How Long Do I Have to File a Hearing Loss Claim in Illinois?
The statute of limitations for filing a hearing loss claim in Illinois can vary based on the type of claim. The statute of limitations for filing a workplace hearing injury claim is typically three years from the date of the injury or the date when the injury is discovered. The statute of limitations for personal injury claims, including those related to hearing loss caused by accidents, is typically two years from the date of the accident or the date of discovery of the injury. The statute of limitations for hearing loss caused by medicine or medications, also known as ototoxicity, is also generally two years.
How Much Does It Cost to File a Hearing Loss Personal Injury Claim?
In many personal injury cases, including hearing loss claims, attorneys work on a contingency fee basis. They only get paid if the claim is successful and they recover compensation for the client. Typically, the attorney’s fees are a percentage of the total settlement or award.
Do you have grounds for a hearing loss claim? Call Ankin Law to find out how much your case is worth. Free consultation.
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Helpful Resources from Our Chicago Hearing Loss Lawyer
What Are the Four Types of Workers’ Compensation Benefits?
This guide explains the four primary types of workers’ compensation benefits available to injured employees. It outlines Medical Benefits, which cover medical treatment and expenses related to the workplace injury; wage replacement benefits, which provide disability benefits for lost income caused by the injury; career rehabilitation benefits, which provide support for pursuing a new career path when an injury disrupts a victim’s previous line of work; and death benefits, which are provided to surviving dependents. Understanding these benefits helps to ensure injured workers receive proper compensation and care.
How Is the Statute of Limitations Affected by Catastrophic Injuries?
This article discusses how the statute of limitations can be affected by catastrophic injuries in legal claims. Catastrophic injuries, such as severe brain or spinal cord injuries, may require extended periods of recovery and rehabilitation, potentially delaying the injured party’s ability to pursue legal action. The statute of limitations in such cases may be tolled to allow a victim to heal enough to file a claim, or to reach maximum medical improvement. Seeking legal counsel promptly helps ensure compliance with the time limits and preserve the right to file a claim for the catastrophic injury suffered.
Lawsuit Against 3M Earplugs
This article covers the lawsuits filed against 3M Company over the defective earplugs that were issued to military service members. The earplugs were intended to protect soldiers’ hearing during combat, but it is claimed that they were too short to create a proper seal, leading to hearing damage and loss. The lawsuit accuses 3M of knowing about the design flaw and failing to inform the military. The case resulted in a settlement where 3M agreed to pay a significant sum to compensate the affected service members for their injuries and hearing-related issues caused by the faulty earplugs.
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