Proving Damages in Tinnitus Injury Cases– Part 2
In a previous blog post, I discussed methods for effectively proving damages in injury litigation involving Tinnitus. A CD purchased from the American Tinnitus Association is a very effective way to get this type of case settled for fair value. Here is another technique.
I have heard of a case where the lawyer downloaded the Emergency Broadcasting tone we have all heard on the radio or television. If you need a reminder of how annoying this sound is, click here. http://www.youtube.com/watch?v=NRxrCBvt7TM
That’s the sound this poor person heard all day and all night. By placing this sound on a loop and playing it for the jury, the jury literally got into the head of the plaintiff. In closing argument to the jury the lawyer asked what this was worth in dollars and cents. He continued, “This tone is the first thing Jake hears in the morning, and the last thing he hears at night. More often than not, it’s what he hears all night as he struggles for blissful relief in sleep. His ears will stop ringing when his heart stops beating, and then, but only then, will he have peace and quiet for the first time since Mr. Bowen rear ended him.”
There is no known cure for Tinnitus. It may very well be permanent. Anyone with any degree of Tinnitus or anyone who treats Tinnitus (like a neuro-otolaryngologist) will tell you it is a serious injury. It is not just the deficit of hearing that makes this such a serious injury. The loss of quiet time, the inability to sit and read a good book, watch tv, engage in quiet conversation, difficulty falling asleep all figure into the equation. There have been more than a few reported cases of suicide secondary to Tinnitus.
Never underestimate the value of a case with a Tinnitus component. These techniques are very effective in producing large verdicts and settlements. In particularly bad cases, seven figure settlements are possible.
If you need legal advice concerning tinnitus you acquired as the result of the carelessness of others or a defective product contact Attorney Evan Aidman.
If you would like to listen to a segment of an online lecture given by Attorney Evan Aidman explaining his experience litigating cases that involve tinnitus, simply click the play button below: