Will I be compensated for hearing loss?

Get Legal Help Today

 Secured with SHA-256 Encryption

Will I be compensated for hearing loss?

I attended a childrens birthday party at the
natatorium 3 weeks ago. They had a balloon
twister/artist there using a tank to blow up the
balloons. I was sitting about 3-4 feet away when a
balloon that he was airing up shot off of the pressure
tank and straight into my ear feeling as if it burst in
my ear. The balloon artist was apologetic but I
couldnt hear for the first few minutes and everything
was throbbing. Ive been having pain and ringing and
am worried it may be perforated. I have an upcoming
doctors appointment. If my ear has been injured as
a result, would I have a case?

Asked on June 27, 2019 under Personal Injury, Ohio

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You have a claim against the natatorium based on premises liability. If the balloon twister or the employer, if any,has insurance, you would have a claim for negligence against him/her and his/her employer.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Those items should be included in your claims filed with the insurance carriers for the natatorium and employer of the balloon twister.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury including hearing loss, and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with all parties, no lawsuit is filed.
If you are dissatisfied with the settlement offers, reject them and file a lawsuit for premises liability and negligence as previously discussed. Only file a lawsuit against the party or parties with whom the case has not settled.
If the case is not settled, your lawsuit must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption