Will I be compensated for hearing loss?
Question Details: I attended a children's 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 couldn't hear for the first few minutes and everything was throbbing. I've been having pain and ringing and am worried it may be perforated. I have an upcoming doctor's appointment. If my ear has been injured as a result, would I have a case?
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.