- Causation. The plaintiff must prove that the defendant’s actions were the legal cause of the plaintiff’s injury. How difficult this question is to answer will depend on the facts of the case. If the plaintiff suffered hearing damage during a car accident the relationship between the defendant’s actions and the hearing damage may be relatively simple. Other cases may require expert testimony to establish how the defendant’s actions led to hearing loss.
- Actual injury. One of the challenges of proving hearing loss can be a lack of base-line information. This is a common problem in workers ‘compensation cases and why police, fire fighters, and other first responders are required to get their hearing tested regularly. If an event causes a sudden reduction in hearing the plaintiff may be able to recover compensation only for the amount of hearing that was actually lost as a consequence of the event. If the plaintiff doesn’t have a medically accurate measure of his or her hearing before the event, establishing the amount of loss may be more difficult and, therefore, full compensation may be more difficult to obtain.
- Quantifying the injury. A challenge in any personal injury case is determining the appropriate amount of compensation that the defendant is responsible for paying to the plaintiff. Hearing loss often requires a range of concrete costs, such as specialist medical care and expensive hearing aids. It can also cause long-term ear pain and headaches. For some plaintiffs, especially musicians, loss of hearing can impact earning potential. Accounting for all these damages is important for ensuring that plaintiffs get the most from their claims.
Significant hearing loss can have profound consequences, from a life-long reliance on hearing aids to loss of enjoyment in music, challenges holding conversations, and other problems. Hearing loss can also be accompanied by pain and uncomfortable auditory conditions, like tinnitus. A wide variety of accidents can cause hearing loss. It’s easy to imagine someone suffering ear damage in a car accident, for example: a blow to the head, or exposure to very loud sounds, could lead to long-term hearing problems. Because damaged hearing is a significant injury, it can be the basis of a personal injury lawsuit, or form part of a broader set of claims arising from a defendant’s negligent behavior. A claim for hearing loss will need to contend with similar issues as other forms of personal injury. Some of the common issues faced by a plaintiff in such cases include: