Is Hearing Damage Caused by Loud Construction Near Your Home a Personal Injury?

Trying to find information on hearing loss will, more often than not, lead you to information about workman’s compensation and worker’s rights. However, that information is not useful to someone who is suffering from hearing damage due to nearby construction. There are other laws and legal terms that you can review with a Philadelphia injury attorney to help build your case.

Catastrophic Injury

Catastrophic injury is a legal term referring to personal injury which severely impacts a person’s quality of life. There is no concrete definition of the term but it’s understood to be an injury that permanently affects quality of life, rather than things like a week-long hospital stay or two months of medical bills. These injuries can require lifelong medical care. There are different categories of catastrophic injury, depending on which area or areas of the body have been affected. Loss of hearing or vision is a category grouping together personal injury that permanently affects either sense of hearing or sense of sight.

Negligence 

Negligence resulting in catastrophic injury is what the injured party can pursue if the injury is a result of someone else’s failure to act. Four things must be proven to sue for negligence-

  • Duty, meaning the person accused of causing the harm was obligated to act a certain way towards the injured party (usually a common-sense action)
  • Breach, meaning the accused didn’t fulfill their duty
  • Causation, meaning that the breach is the legal cause of the damages the injured party is suing for or approximate to them
  • Damages, meaning that the injured party can prove they have suffered damages

Perhaps you had no prior knowledge of the fact that construction was taking place, or how long the construction would last. If these things aren’t communicated to you and result in loss of hearing, West Chester injury lawyers can use that information to build your case. 

Compensation for Pain and Suffering

There are two categories for this type of compensation, economic loss, and non-economic loss.  Economic loss is the loss that can be financially calculated. For example, hearing loss can result in high medical bills, need for a hearing aid, and affect your income if you’ve missed work as a result of the injury. Non-economic loss can’t be calculated monetarily but the effects they have on your life are still significant.  

  • Past and future mental pain and stress
  • Loss of enjoyment of life
  • Embarrassment or humiliation resulting from the permanent damage caused by the accident

These are three examples of non-economic loss that can apply to someone who has experienced permanent hearing loss. Compensation for pain and suffering can be difficult to calculate as it considers many factors such as your age and how severely your life has been affected.  

Your Best Resources

The most reliable resources available to you when experiencing personal injury are adequate medical treatment and the aid of a Philadelphia injury attorney. At Katz Injury Law we are deeply committed to helping members of our community receive the compensation they deserve. If you or someone you know have experienced hearing loss or other personal injuries, give us a call today.



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