That's really a question you need to ask an attorney, licensed to practice in your state. Lawsuits are usually all about whether there is permanent damage of some sort and whether someone was negligent. Attorneys will often offer something like a free 30-minute consultation about the case you think you may have. They'll either tell you they think you have one that's worth pursuing, or they don't think you do. If you don't like what one says, ask another one. Other than that, your state's Bar Association may have something like an online referral site to attorneys who will answer a question like this. There are just too many variables and things a person would need to know about the law for anyone to really be able to give you a solid answer, based on the information here (especially if the answer were coming from someone who isn't a lawyer).