Horrible Ear Injury from College Lab

[recentgraduate]

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.

Adding to my previous response to Adjusterjack about negotiating myself,

I had a few questions if I did take the route of negotiating myself. I considered an attorney because I didn't know how to answer these questions.

1) How do I present my first initial settlement offer to the school? For instance, do I write a long letter asking for an amount and explaining all my reasons why?

2) How do I come up with a settlement figure that is appropriate? I can't find any examples online that includes "pain to sound". And it's hard to come up with a figure that justifies the amount of pain I have to endure for the rest of my life.

Thank you. I appreciate any advice from anyone.

 

[Zigner]

... I can prove this exposure caused the tinnitus since I have witnesses.

Unless your witnesses include a professional in the field of audiology and has corroborating data, they really "prove" anything.

Exactly what has the college told you? Have they outright said "We would like to settle this matter with you"? Or, have they said something along the lines of "Why don't you come in and we can talk about this"?

 

[adjusterjack]

1) How do I present my first initial settlement offer to the school? For instance, do I write a long letter asking for an amount and explaining all my reasons why?

Google personal injury demand letter or personal injury demand package. Plenty of samples and guides available.

2) How do I come up with a settlement figure that is appropriate? I can't find any examples online that includes "pain to sound". And it's hard to come up with a figure that justifies the amount of pain I have to endure for the rest of my life.

That's the problem. There is no appropriate figure. How many dollars do you think will satisfy you? Thousands? Hundreds of thousands? Millions?

Well, millions will never happen, hundreds of thousands aren't likely to happen, so you have to pick a number that you can live with.

Tinnitus is forever. I have it. Millions of people have it and, regardless of the cause, they live with it and never get a nickel for it. It's subjective. Nobody can hear it but you. There is no objective medical test to confirm it and there is no cure for it. You can choose to be a slave to it for the rest of your life or you can tough it out and do the best you can.

As for the money, you have to come up with a dollar figure to get things started.

All the college has to do is sit back and wait until the clock runs out and it is home free.

I googled "tinnitus awards in personal injury lawsuits." Do the same and you'll find several sites that discuss the difficulties of pursuing a claim and the dollar amounts of awards and settlements. You'll find lawyers that advertise their expertise in handling such claims if you want to go that route.

 

[quincy]

... I had a few questions if I did take the route of negotiating myself. I considered an attorney because I didn't know how to answer these questions.

1) How do I present my first initial settlement offer to the school? For instance, do I write a long letter asking for an amount and explaining all my reasons why?

2) How do I come up with a settlement figure that is appropriate? I can't find any examples online that includes "pain to sound". And it's hard to come up with a figure that justifies the amount of pain I have to endure for the rest of my life.

Thank you. I appreciate any advice from anyone.

These are the type of questions that a personal injury attorney in Hawaii can help you answer. You can see the attorney only for assistance in preparing for negotiations with the school on your own. Or you can have an attorney handle the negotiations for you.

You have had to see medical specialists as a result of the noise, so you have demonstrable damages. You will probably need additional examinations and treatment and these should be figured in a settlement demand as future costs. You also have had a change in the quality of your life and the limitations you now face should be figured in a settlement demand.

The attorney you see can help you come to a figure that takes all of this into account.

Good luck.


Edit to add the following links, to the American Tinnitus Association and to PBS:

http://www.ata.org

https://www.pbs.org/newshour/science/science-july-dec13-tinnitus_11-06

 

[recentgraduate]

Unless your witnesses include a professional in the field of audiology and has corroborating data, they really "prove" anything.

Exactly what has the college told you? Have they outright said "We would like to settle this matter with you"? Or, have they said something along the lines of "Why don't you come in and we can talk about this"?

Someone from the college told me, "We will need to arrive at a number that we both feel is reasonable and reach a settlement." What do you think of this?

 

[recentgraduate]

Thank you so much Adjusterjack and Quincy for the advice. I will consider both options to take. I am leaning towards contacting a few attorney offices in Hawaii to help me with negotiations if they are willing to. If not, I will go ahead with trying to negotiate myself.

I feel a lot better having a sense of direction instead of having no clue on what to do. It's also good to know I have 2 years to file a claim in California.

Thanks so much again.

 

[quincy]

Someone from the college told me, "We will need to arrive at a number that we both feel is reasonable and reach a settlement." What do you think of this?

You will want to support the amount you are demanding. This is where your attorney in Hawaii can be of assistance.

There are several personal injury cases out of California that have claimed hearing injuries. If your injury can be directly connected to the lab noise at the school and the injury can be supported well with medical evidence, the awards in a trial can be substantial. The hearing problem is a lifelong condition.

The school will either find your arguments in support of the amount you are demanding reasonable - or not. If not, you continue to negotiate or you take the school to court and have a jury decide what is reasonable.

Good luck. And thanks for the thanks.

 

[adjusterjack]

Someone from the college told me, "We will need to arrive at a number that we both feel is reasonable and reach a settlement." What do you think of this?

Just what I've been saying.

Nobody is "negotiating" anything until somebody picks a number.

 

[quincy]

Just what I've been saying.

Nobody is "negotiating" anything until somebody picks a number.

Picking a reasonable figure from which to start negotiations is where the attorney will be most helpful. Trying to guess at a figure without a proper basis for it can be a big and ultimately costly mistake.

 

[Zigner]

I can wear earplugs ...

Why? Tinnitus doesn't come from outside of your ears...

 

[Zigner]

Someone from the college told me, "We will need to arrive at a number that we both feel is reasonable and reach a settlement." What do you think of this?

Who was that someone? (Position, not name)

 

[adjusterjack]

Why? Tinnitus doesn't come from outside of your ears...

Earplugs for the hyperacusis, not the tinnitus.

 

[quincy]

Why? Tinnitus doesn't come from outside of your ears...

Earplugs can be recommended.

 

[recentgraduate]

Picking a reasonable figure from which to start negotiations is where the attorney will be most helpful. Trying to guess at a figure without a proper basis for it can be a big and ultimately costly mistake.

Exactly what I was thinking.

 

[recentgraduate]

Who was that someone? (Position, not name)

Higher up in risk management