Our personal injury lawyers in Lafayette at Laborde Earles have over 250 years of combined personal injury experience, and we can help you recover the damages for which you qualify. Read on to learn about what factors influence your hearing loss settlement.
Factors That Affect Your Hearing Loss Settlement
Many aspects of a hearing loss case can influence the settlement amount a claimant may receive. An experienced Lafayette personal injury attorney will carefully examine the following factors to determine how different elements may impact compensation:
Age of Injury
Younger people face lifelong consequences from hearing loss. Settlements aim to compensate for all future lost earnings and expenses. An injury at 25 years old may warrant more than 65 to account for 50+ extra years of impact. Developmental delays in babies are especially damaging.
Severity of Hearing Loss
Partial hearing loss allows some sound perception but causes handicaps. Complete deafness in one or both ears is considered a greater disability. Loss of high frequencies has different effects than low frequencies. Total versus partial, unilateral versus bilateral, and frequency of loss all influence settlement amounts.
Negligence
The level of negligence associated with the injury can significantly impact a settlement. Hearing loss caused by simple negligence may result in a lower settlement than if gross negligence or willful misconduct can be proven. Some examples:
- Failure to provide proper hearing protection in a loud work environment may be considered ordinary negligence.
- Ignoring safety protocols and knowingly exposing workers to hazardous noise levels without protection could be gross negligence.
- Intentionally disabling required safeguards designed to prevent noise exposure may rise to willful misconduct.
- The greater the negligence demonstrated, the more culpable the at-fault party appears and the larger the potential settlement.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientCommon Causes of Hearing Loss in Lafayette
Hearing loss has several causes and varies depending on the situation. If you’ve suffered hearing loss from any of these causes or another way, our team of Lafayette personal injury attorneys can help:
- Industrial hearing loss: Plant explosions result in high decibel noise levels that, without proper precautions and equipment, can lead to permanent hearing loss.
- Birth injuries: Complications during delivery can cause birth injuries such as asphyxia that result in hearing loss.
- Construction accidents: The environment of a construction zone is a loud place. Construction accidents like falling structures can take a severe toll on your hearing.
- Defective devices: Headphones that don’t have a safe listening volume could cause them to be a defective device that leads to hearing loss.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientThe Time Limit to File for Compensation in Louisiana Is Short
Under Louisiana law, you have a limited period to file a personal injury lawsuit when the cause of your hearing loss was due to another party’s negligence. According to Louisiana Civil Code Art. 3492, you have two years to file a claim.
This two-year period generally begins running from the date of your injury. For hearing loss due to negligence, this means you typically have two years from when the noise exposure or event occurred that caused your impairment.
It’s important to act quickly, as periods are not suspended based on the severity of your injuries manifesting. Even if your hearing loss worsens over time, the two-year countdown starts on the date of the initial negligent act.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientDamages Our Personal Injury Attorneys in Lafayette Can Help You Recover After Hearing Loss
If you have suffered hearing loss due to negligence, our personal injury lawyers in Lafayette can help you seek financial compensation for the harm and losses you have endured. Some of the damages our team at Laborde Earles may be able to recover in a hearing loss case include:
- Medical expenses
- Lost earnings
- Pain and suffering
- Loss of enjoyment of life
- Punitive damages (if applicable)
In addition, if your hearing loss occurred on the job, you may be able to pursue a workers’ compensation claim with the help of our workers’ compensation lawyers. This can cover lost wages replacement and medical costs for work-related injuries. An attorney can ensure you receive all benefits allowed under Louisiana’s worker’s compensation system for job-induced hearing loss.
Our attorneys will aggressively pursue all potential avenues of damages compensation, including workers’ compensation, to recover the maximum financial remedy after hearing loss.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientHow a Lawyer Can Help You Get a Higher Hearing Loss Settlement
Dealing with an insurance company after experiencing hearing loss can be difficult alone, but hiring an experienced personal injury lawyer in Lafayette can significantly increase the potential value of your settlement. Here are some of the key ways our lawyers can help:
- Thoroughly investigate and document the cause, extent, and impact of your injury to build a strong liability case.
- Properly value your hearing loss claim based on factors like lost income, medical costs, pain, and suffering using economic models.
- Negotiate with the insurer from a position of authority using litigation leverage if needed to get fair compensation.
- Understand insurance practices and know which legal arguments and state laws benefit your case the most.
- Persist until the maximum settlement is offered rather than pressuring you to accept a lowball amount.
- Provide representation at mediation or in the courtroom if a lawsuit becomes necessary to settle the claim.
By handling all the legal work and insurance negotiations for you, an attorney can effectively maximize your hearing loss settlement and ensure you receive every penny you deserve.
Learn More About Your Hearing Loss Settlement Amount Today
When you suffer hearing loss due to another person’s negligence, you have a legal right to economic and non-economic damages. Our personal injury attorneys in Lafayette at Laborde Earles can help you get the compensation you need.
Contact us to learn more about your hearing loss settlement value and schedule a free consultation.
