Belpre, OH asked in Personal Injury and Products Liability for West Virginia

Q: Can I sue a company if their commercial gave me migraines?

In 2016, a television commercial for a product flashed rapidly in my darkened bedroom. It was so awful that it gave me a tremendous headache in my temples. I've been having debilitating headaches in my temples, at least once a week, every week since that day in 2016. I had never had headaches this bad in my entire life before that day, and now it's a weekly occurrence. Can I do anything about this, legally?

1 Lawyer Answer
Tim Akpinar
Tim Akpinar
  • Products Liability Lawyer
  • Little Neck, NY

A: A West Virginia attorney could advise best, but your question remains open for four weeks. It sounds like it could be a difficult case to find a law firm on a contingency basis. Aside from the element of foreseeability, damages such as headaches can be hard to argue in court. They are not like clear-cut injuries that are directly proven by x-rays or MRIs. You're also looking at a long timeline. This is only an individual point of view - you could reach out to other attorneys to get their opinions. Good luck

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