Injured at gun show

[ETex2]

What is the name of your state (only U.S. law)? Texas

While being fitted for custom molded ear plugs by a "certified hearing specialist" who rented a booth at a gun show, my ear was severely injured. This involves injecting a two-part material into the ear canal then waiting for 10 minutes or so for it to harden. Basically, most of my ear canal and a small corner of my ear drum was ripped out when the "specialist" removed it.

He has liability insurance and they have paid my medical bills but are playing hardball with any other settlement for pain and suffering. This was over six months ago and the pain is still pretty intense, however it is now mostly healed. Part of the plug was discovered still in the ear and had to be cut out 5 months after the injury. I still cannot insert hearing protection plugs due to hypersensitivity and painful scar tissue. The gun show that rented the convention hall is claiming no liability (their insurer won't cover it). Should the gun show operator be partially culpable? I know the settlement shouldn't be huge but I'm thinking maybe $1500/mo. for pain plus medical expenses and a little for lost wages. Future pain and complications are possible. Thoughts?

 

[xylene]

Why are you low balling yourself?

Don't be a conservative republican; hire a gun hating left wing lawyer to get a proper settlement for medical malpractice and your pain and suffering.

 

[tranquility]

If one side has already taken responsibility, if you are still under the policy limits (and will stay there), there is no advantage to your recovery by adding other parties. You can only be compensated once.

Since it seems you have some real damages, you can sue the person who hurt you. The insurance company will defend them. Win your case.

I suggest an attorney.

 

[Banned_Princess]

WOOO WHOOOOO

Finally, a winner in the lawsuit lottery!!!


Definately seek a lawyers assistance tomorow. It is in your best interest.

 

[tranquility]

I'm not sure having the skin from your ear canal ripped out is considered a "win", but, he certainly should be compensated for his damages.

 

[davidmcbeth3]

I wear muffs ... don't like stuff in my ears ... they can cause damage!


OP, do you have a lawyer?

 

[ETex2]

I wear muffs ... don't like stuff in my ears ... they can cause damage!


OP, do you have a lawyer?

I do, but most personal injury lawyers don't really want to take the case without proof of permanent damage of some kind. One even suggested that I should deal with the insurance co. on my own.

 

[davidmcbeth3]

I do, but most personal injury lawyers don't really want to take the case without proof of permanent damage of some kind. One even suggested that I should deal with the insurance co. on my own.

Well, you may have several years to file .. so the lawyer probably gave you good advice .. to see if you may have a long term injury or physical loss.

So you can probably continue to represent yourself ... just to keep on pushing off any final settlement before you know if long term injury is present. Or have a settlement that which would allow you to follow up later (not likely to be OKed by the other party but you can always present this to them -- and have a lawyer look at the settlement papers prior to signing away possible future rights)

 

[ETex2]

One paralegal I talked to told me: "whatever you do, do NOT allow them to have copies of your medical records". But of course since I did not hire that lawyer, no further explanation was given. Are insurance companies in the habit of handing out settlements for pain and suffering without complete medical records?

 

[xylene]

Have you talked to personal injury lawyers or medical malpractice lawyers?

 

[ETex2]

Have you talked to personal injury lawyers or medical malpractice lawyers?

Personal injury.

 

[HomeGuru]

Personal injury.

**A: that's a start.

 

[ETex2]

I wear muffs ... don't like stuff in my ears ... they can cause damage!

...

The best protection is to wear muffs as well as some type of plug. My ENT advises this and that's what I've tried to do. Lots of shotgunners do not like muffs since they can interfere with gun positioning, but I don't mind it.

No comments on my above question - insurance co. wanting medical records?

 

[You Are Guilty]

The best protection is to wear muffs as well as some type of plug. My ENT advises this and that's what I've tried to do. Lots of shotgunners do not like muffs since they can interfere with gun positioning, but I don't mind it.

No comments on my above question - insurance co. wanting medical records?

You don't "have to" allow them to do anything, but they are certainly not going to pay you for your injuries unless you can substantiate them via medical records. Perhaps what they were alluding to is that insurance companies tend to ask for medical records from the day you were born to the present, which is rather overbroad and unnecessary. Assuming you did not have a preexisting ear problem, you would just have to give them records that were relevant to your injury and subsequent treatment.

Whether you "should" give them access to the pertinent records is a question you will have to answer for yourself. Good luck.

 

[xylene]

Whether you "should" give them access to the pertinent records is a question you will have to answer for yourself. Good luck.

'Yourself' meaning with the direction of a lawyer the OP hired I hope is what that means...