Chicago Hearing Loss Lawyer

Recovering Compensation for Ear Injuries Caused by Negligence or Workplace Exposure

A Chicago hearing loss lawyer is essential if you have suffered hearing loss due to exposure to excessive noise at Pilsen factories or a head injury from an accident on State Street. Chicago Injury Center fights hard for victims of workplace accidents, car accidents, and other traumatic events that may impact hearing. Contact us today to schedule a free consultation with an acclaimed personal injury lawyer.

Why Hire Chicago Injury Center

We are a top-rated law firm and a member of the Million Dollar Advocates Forum due to our high settlements for accident victims. For example, we secured a $2,333,333 settlement for a young man who was hit by a boat while riding a waverunner, which caused a ruptured eardrum.

As members of the American Association for Justice and the Illinois Trial Lawyers Association, you can be assured of top-notch legal advocacy and the best possible chance at fair compensation.

What Are the Most Common Causes of Hearing Loss?

• Workplace injuries due to noise levels above OSHA standards (29 CFR 1910.95).
• Explosions and blast injuries.
• Motor vehicle accidents with head trauma.
• Slip and fall accidents with concussions or head injuries.
• Defective consumer products, including headphones, earbuds, and noise protection equipment.
• Malpractice, including failure to treat ear infections or surgical errors.

What Are the Most Common Types of Hearing Loss?

There are multiple types of hearing loss, each with different causes and impacts. Conductive hearing lossoccurs when sound cannot reach the inner ear due to problems with the outer ear and ear canal. This type of hearing loss can be temporary or permanent, depending on the severity of the injury.

On the other hand, sensorineural hearing loss happens when the nerves or sensory hairs in the inner ear are damaged. Approximately 80% of people with hearing loss have sensorineural disorders. It is usually permanent. While sensorineural hearing issues may be due to old age, they can also be a form of induced hearing loss caused by infections or blunt force trauma.

Mixed hearing loss is a combination of conductive hearing loss and sensorineural hearing loss, making it difficult to treat and often permanent. Lastly, tinnitus occurs when your brain misinterprets spontaneous nerve activity as ringing in the ears or a buzzing. This can be long-lasting and may come and go, causing significant disruption to everyday life.

What Damages Those Who Have Experienced Hearing Loss Recover?

If you experienced hearing loss due to a work accident, you may be eligible for workers’ compensation benefits. This will cover your medical expenses, disability benefits, and a portion of your lost wages up to the statutory cap. Workers’ comp should also cover cochlear implants or hearing aids.

Those who have non-work-related hearing loss can file a third-party liability lawsuit against the negligent party. These suits can offer both economic and non-economic damages, which include:

• Medical expenses
• Lost income
• Physical pain and suffering
• Loss of quality of life
• Emotional distress

The Illinois Supreme Court case Lebron v. Gottlieb Memorial Hospital removed the cap on non-economic damages, meaning that a jury can award whatever amount they feel is adequate based on your injuries.

What Is the Average Hearing Loss Payout in Chicago?

The average payout is $6,609,582 with a range between $30,000 and $50,300,000. Your payout is based on injury permanency and severity, medical expenses, ability to work, and the type of claim.

Example Cases Filed in Cook County

John Walls, an iron worker, was helping build a suburban high school when he fell 28 feet off a partially constructed set of stairs. After fracturing multiple bones and developing hearing loss, he settled with the negligent company for $2,500,000.00.

Gloria Rebollo was walking to the clubhouse in her Grayslake condominium complex when she slipped on ice, resulting in hearing loss. She settled with the property management company for $30,000.00.

Why You Need a Hearing Loss Lawyer

Hearing loss can be progressive and permanent, making it challenging to determine who is at fault and whether negligence played a role in the injuries. Working with a skilled attorney is essential, as we can retain experts like audiologists and ENTs to understand cause and liability. Additionally, our top-rated personal injury firm can coordinate both third-party liability and workers’ compensation claims, ensuring you have the highest chance of fair compensation.

How Common Is Hearing Loss in Illinois?

The Illinois Department of Public Health notes that 1,845,140 Illinoisans suffer from hearing loss, with 397,218 being legally deaf. Cook County alone has 759,680 individuals with hearing loss, and Chicago alone has 395,475 people who are hard of hearing or deaf. Since 2020, the Chicago OSHA office reports that two workers have lost their hearing due to workplace injuries.

Where Do Accidents Leading to Hearing Loss Occur Most Often in Cook County?

Common locations for hearing loss accidents include:

• Manufacturing facilities on the South and West sides
• Constructions in the South Loop, Fulton Market, and River North areas
• CTA train, Amtrak, and railroad maintenance yards
• Music venues, nightclubs, and event spaces with high noise levels

What Laws Govern Hearing Loss Claims in Illinois?

The Workers’ Compensation Act allows injured employees to receive benefits after being hurt at work (820 ILCS 305). This is a no-fault system, meaning you do not have to prove negligence.

Those who didn’t experience work-related hearing loss can file a third-party lawsuit using the Personal Injury Act (735 ILCS 5). You must prove that another party, such as a property owner or product manufacturer, was responsible for your injuries. It is possible to sue more than one party using the Joint Tortfeasor Contribution Act (740 ILCS 100/2).

If this is a malpractice case, you also must provide an affidavit of merit from a licensed healthcare professional who agrees that the original doctor’s actions were not in line with the standard of care for the subspecialty (735 ILCS 5/2-622).

How Long Do Victims Have to Take Legal Action in Illinois?

Third-party civil suits have a statute of limitations of two years (735 ILCS 5/13-202). If you are using workers’ compensation insurance, you have three years from the date of the injury or two years after the last payment from the company, whichever is later (820 ILCS 305/6(d)).

You must take prompt action if you would like to secure a settlement. Contact us immediately for a free, no-obligation consultation about your injury.

Who Can Be Held Liable for Loss of Hearing?

Potentially liable parties include:

• Employers, for workers’ compensation cases.
• Manufacturers of defective hearing protection products or consumer products.
• Negligent drivers for car accident-related hearing loss.
• Property owners for premises liability cases.
• Medical providers, for medical malpractice claims.

Common Defenses in Hearing Loss Cases

In many cases, it can be challenging to prove the exact cause of the hearing loss, making it easier for insurance companies to dodge responsibility.

For workers’ compensation claims, the insurance company will state that the injury was not occupationally related. Medical professionals can attest to what kinds of loud noises, and over what time period, would cause your type of hearing loss, which can prove your claim.

A common argument is that the hearing loss is age-related or was a preexisting condition. However, we can review your medical records to demonstrate that you did not have this issue, or did not have it as badly, before the accident.

State law uses modified comparative negligence for third-party liability claims (735 ILCS 5/2-1116). As such, insurers can argue that you were the primary cause of the accident. Evidence like expert testimony from audiologists, witness statements, and accident reports can refute this argument.

How to Strengthen Your Chicago Hearing Loss Claim

It’s essential to act quickly after a hearing loss accident. Follow these steps as soon as possible.

• If you were hurt in the course of your employment, inform your supervisor in writing and secure a copy of the incident report.
• Document your job environment, noise exposure, and any protective equipment provided.
• Retain any personal protective equipment you were wearing at the time of the hearing loss.
• Get a full evaluation by a licensed audiologist or ENT.
• Keep records of all medical treatments, expenses, and challenges you may face.
• Do not speak to insurance companies without your attorney present.

How Our Hearing Injury Attorneys Can Help

We provide comprehensive service designed to ensure maximum compensation. When you partner with us, you can expect the following help throughout your case:

• Investigate the reason for the hearing loss and document noise exposure levels.
• Consult with doctors, audiologists, and safety experts to demonstrate liability.
• Evaluate your damages, including future treatment needs and loss of future income.
• Negotiate aggressively with insurers for a fair settlement.
• If necessary, file a case with the Circuit Court of Cook County.

FAQs

How much does a Chicago hearing loss lawyer cost?

We take cases on a contingency fee basis, so there’s no fee unless we win.

Can I file both a personal injury lawsuit alongside a workers’ compensation claim?

Workers’ compensation does not allow you to sue your employer, as it is meant to be the primary means of compensation after an occupational injury. However, if another party was responsible for your accident, then you can file a claim against this third party. An experienced attorney from our firm can coordinate these claims on your behalf.

How long do hearing loss claims take to resolve?

The timeline for these cases ranges from a few months to several years. Factors that determine how long it takes to settle include how clear the liability is, whether the injury is permanent or temporary, and whether we must take the case to court.

Book a Free Consultation

Hearing loss is a life-changing injury that results in long-term treatment, high expenses, and significant challenges. If someone else’s negligence resulted in hearing loss, you deserve compensation. Our award-winning attorneys use a contingency fee, so you owe us nothing unless we win. Contact us today to schedule a free consultation about your injuries.