Horrible Ear Injury from College Lab

[recentgraduate]

Hi everyone,

I am seeking legal advice on what I should do in regards of an ear injury that I suffered from a college class. The incident happened about a year ago in an official college class. In this class, I experienced a loud noise incident (2 hours long) that left me with permanent tinnitus (ringing in the ears) and hyperacusis (discomfort/pain to certain sounds). No ear protection was given.

This has affected my life dramatically since I can't go to movies, restaurants w/loud sounds, walking on boulevards etc. I can wear earplugs, but I get social anxiety. It's truly a devastating injury. I have seen many doctors, and nothing can be done.

I tried finding a lawyer in that state where the college is, but no one would help me. I am also an alumni of the college now, and I am scared that the college may retract my degree if I bring in a lawyer. The college said that they want to settle the case soon with a settlement.

What should I do? Should I settle this myself and how do I do that? Should I contact a lawyer in my local state?

Thank you so much.

-S

 

[quincy]

Hi everyone,

I am seeking legal advice on what I should do in regards of an ear injury that I suffered from a college class. The incident happened about a year ago in an official college class. In this class, I experienced a loud noise incident (2 hours long) that left me with permanent tinnitus (ringing in the ears) and hyperacusis (discomfort/pain to certain sounds). No ear protection was given.

This has affected my life dramatically since I can't go to movies, restaurants w/loud sounds, walking on boulevards etc. I can wear earplugs, but I get social anxiety. It's truly a devastating injury. I have seen many doctors, and nothing can be done.

I tried finding a lawyer in that state where the college is, but no one would help me. I am also an alumni of the college now, and I am scared that the college may retract my degree if I bring in a lawyer. The college said that they want to settle the case soon with a settlement.

What should I do? Should I settle this myself and how do I do that? Should I contact a lawyer in my local state?

Thank you so much.

-S

What is the name of your state?

The college cannot "retract your degree" if you file a personal injury lawsuit against the school.

A settlement is generally preferable to a trial, if the settlement terms are reasonable. You will probably want to find an attorney in your area for help in determining what "reasonable' is in your case.

What sort of noise was it that affected your hearing to the extent that it did? Have you been examined by a neurologist/psychiatrist? If not, you might want to consider it. You might also want to check out the books by Oliver Sacks. He has written on disorders such as the type you are experiencing.

 

[recentgraduate]

What is the name of your state?

The college cannot "retract your degree" if you file a personal injury lawsuit against the school.

A settlement is generally preferable to a trial, if the settlement terms are reasonable. You will probably want to find an attorney in your area for help in determining what "reasonable' is in your case.

What sort of noise was it that affected your hearing to the extent that it did? Have you been examined by a neurologist/psychiatrist? If not, you might want to consider it. You might also want to check out the books by Oliver Sacks. He has written on disorders such as the type you are experiencing.

Hi Quincy,

I am in Hawaii. College is in different state. Should I contact an attorney in Hawaii? Can a Hawaii attorney negotiate for me or would they just give me advice for my own negotiating?

It was a loud constant tone. Not yet. I have only seen audiologists and other ear specialists. My mental state is well enough that I don't need psychiatry.

Thanks for your help. Very much appreciated.
-S

 

[quincy]

Hi Quincy,

I am in Hawaii. College is in different state. Should I contact an attorney in Hawaii? Can a Hawaii attorney negotiate for me or would they just give me advice for my own negotiating?

It was a loud constant tone. Not yet. I have only seen audiologists and other ear specialists. My mental state is well enough that I don't need psychiatry.

Thanks for your help. Very much appreciated.
-S

First, the recommendation to see a neurologist/psychiatrist is not because what you are experiencing has to do with your mental state but with your brain. The ear noise you are unable to escape appears to me to require more than an audiologist.

You can start off by consulting with an attorney in Hawaii and this attorney can assist you with negotiations and/or assist in getting you appropriate legal help in the state where you attended college.

Good luck.

 

[recentgraduate]

First, the recommendation to see a neurologist/psychiatrist is not because what you are experiencing has to do with your mental state but with your brain. The ear noise you are unable to escape appears to me to require more than an audiologist.

You can start off by consulting with an attorney in Hawaii and this attorney can assist you with negotiations and/or assist in getting you appropriate legal help in the state where you attended college.

Good luck.

I will look into neurology, and contact a Hawaii attorney.

Thank you for your advice.

-S

 

[adjusterjack]

I am in Hawaii. College is in different state.

And what state would that be?

The statute of limitations applies where the college is, not where you are.

There are still a few states with 1 year SOLs for personal injury. I hope your college doesn't turn out to be in one of them.

 

[justalayman]

My mental state is well enough that I don't need psychiatry.


-S

Really?

I can wear earplugs, but I get social anxiety.

Even you admit it to not be true.

 

[quincy]

I will look into neurology, and contact a Hawaii attorney.

Thank you for your advice.

-S

I think a neurologist could be of help to you.

I also think seeing an attorney in Hawaii is a good start.

And, again, I recommend searching out the books by Oliver Sacks. It might reassure you to know your disorder is a recognized one shared by others.

Good luck.



(only Kentucky, Louisiana and Tennessee have one year statute of limitations for personal injury claims)

 

[xylene]

Can you prove this exposure and that it exceeded safety guidelines?

 

[quincy]

Can you prove this exposure and that it exceeded safety guidelines?

Apparently the school is looking to settle the matter.

 

[xylene]

Apparently the school is looking to settle the matter.

And apparently no lawyers were interested in the case.

 

[quincy]

And apparently no lawyers were interested in the case.

I read that.

recentgraduate said he could not find a lawyer to help but he did not say how extensive his search was or why the attorneys did not want to help. It would likely be a difficult case with costly expert testimony required and that could be a reason.

If the school is willing and ready to settle, however, a lawyer may only need to assist with settlement negotiations - which is different from preparing to go to trial against the college (although time and research will still be required).

I believe that anytime anyone has suffered a severe injury and the cause of this injury is known or suspected, it can be worth a personal review by a legal professional - and, in this case, a personal medical review by someone other than an audiologist.

 

[recentgraduate]

I read that.

recentgraduate said he could not find a lawyer to help but he did not say how extensive his search was or why the attorneys did not want to help. It would likely be a difficult case with costly expert testimony required and that could be a reason.

If the school is willing and ready to settle, however, a lawyer may only need to assist with settlement negotiations - which is different from preparing to go to trial against the college (although time and research will still be required).

I believe that anytime anyone has suffered a severe injury and the cause of this injury is known or suspected, it can be worth a personal review by a legal professional - and, in this case, a personal medical review by someone other than an audiologist.

To answer some of the previous questions, the college is in California. And I can prove this exposure caused the tinnitus since I have witnesses. I can't prove if it exceeded safety guidelines since I have no way of measuring how loud the sound is.

I have contacted about 5 law firms in California. None would help and did not state any good reasons for rejecting. Some did say that I may have a viable case. Quincy, when you say "assist with settlement negotiations", do you mean that the Hawaii firm could negotiate on my behalf? Or do I still have to negotiate myself with their advice?

Thank you everyone for your input. It's finally nice to hear some advice for an injury that has made my life miserable.

 

[adjusterjack]

To answer some of the previous questions, the college is in California.

California gives you two years to file a lawsuit from the date of the injury.

I can prove this exposure caused the tinnitus since I have witnesses. I can't prove if it exceeded safety guidelines since I have no way of measuring how loud the sound is.

How did it happen?

I have contacted about 5 law firms in California. None would help and did not state any good reasons for rejecting. Some did say that I may have a viable case. Quincy, when you say "assist with settlement negotiations", do you mean that the Hawaii firm could negotiate on my behalf?

Sure.

But why share your money with a lawyer if the college is willing to settle?

The questions being:

1 - How much money do you want? Name your figure.

2 - How much money is the college offering to pay you? Name the figure.

You don't need a lawyer to "negotiate" for you. You need a lawyer if you don't like the offer and want to sue the college.

 

[recentgraduate]

California gives you two years to file a lawsuit from the date of the injury.



How did it happen?



Sure.

But why share your money with a lawyer if the college is willing to settle?

The questions being:

1 - How much money do you want? Name your figure.

2 - How much money is the college offering to pay you? Name the figure.

You don't need a lawyer to "negotiate" for you. You need a lawyer if you don't like the offer and want to sue the college.

Hi Adjusterjack,

I actually first thought I should negotiate myself. However, I was unsure how much money I should settle with for this injury, which is why I considered an attorney.

But thank you for that advice. I honestly wasn't sure if it was a crazy idea to negotiate myself. I did think of this, and I will still consider doing so. I just need to figure out an appropriate figure to settle for.

Thank you.