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Tinnitis is a Serious Injury. How To Prove It.

June 24, 2012

Tinnitis often accompanies a serious head injury. The injury can be temporary, sometimes permanent. A colleague’s client says, “It affects my life terribly.”

This condition can be objectively diagnosed, according to our esteemed friend and colleague, who is one of New York’s finest plaintiffs’ trial lawyers. The discussion arose because tinnitis cases are often dismissed by New York courts, based on our No-Fault Insurance Law threshold rules, because it is often claimed that there is no “objective proof.”

We are told by our colleague, however, that there are ways to provide objective evidence, so as to prevent a defense claim that our client does not meet the threshold, as follows:

Evoked response audiometry is usually done for people who have tinnitus in one ear only. This test consists of painless computerized inner ear recordings that are similar in principle to the computer “fault-finding” checks that car garages use on computerized car engines.

An audiogram, also known as a hearing acuity test, is a test that produces a chart measuring a person’s ability to hear sound and recognize various speech sounds. Because some hearing loss is usually associated with tinnitus, an audiogram is helpful with the diagnosis.

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