A jaw injury can cause considerable pain and inconvenience. If your injury is severe, you may have difficulty breathing, speaking or swallowing and might need surgery. Recovery could take many months, during which you may have trouble carrying out daily activities like drinking or eating.
There are a variety of ways in which you could suffer a jaw injury. These include road traffic accidents, accidents at work, criminal assaults, dental negligence and sports injuries. Jaw injuries may range from cuts and bruises to jaw fractures and dislocations that are a medical emergency and may lead to long-term or permanent complications.
As long as another person was at least partially responsible for your injury, you might be eligible to make a jaw injury claim. You could receive compensation for your pain, suffering and financial expenses, as well as any long-term impacts the injury may have on your life.
If you feel you may have a valid claim for jaw injury compensation, call 0800 678 1410 or request a call back to receive a free consultation with a legal adviser. If they agree to take on your case, you will be offered a no win no fee service so you can claim without taking any financial risks.
Do I have a valid jaw injury claim?
If you suffered a jaw injury without being at fault, you might be entitled to compensation for your pain, suffering and related financial expenses. Usually, you should be able to make a jaw injury claim if:
- Your injury happened in the last three years
- Another person caused it by acting negligently
- That person owed you a duty of care
Depending on the circumstances of your accident, your solicitor will refer to relevant legislation to establish a duty of care. They will also work out the liable party for your injury, which could be:
- A road user – all road users must act with reasonable care to protect themselves and others on the road. If another individual caused a road traffic accident by acting negligently, they might be liable to pay you jaw injury compensation.
- The local council – your local authorities are responsible for maintaining all public places, so they are safe and in good working order. If you suffered a jaw injury due to a poorly maintained road, pavement or public building, you might be able to make a jaw injury claim against your local council.
- A business owner – under the Occupier’s Liability Act 1957, business owners and tenants must take all reasonable measures to keep visitors and customers safe on their premises. If you suffered an injury due to a slip, trip and fall or another accident in a privately owned business, you might have a valid broken jaw injury claim.
- Your employer – there are many pieces of legislation that employers must follow to ensure a safe working environment for employees. If you had an accident due to a breach of these duties, you might be entitled to claim jaw injury compensation from your employer.
- A manufacturing company – according to the Consumer Protection Act 1987, manufacturers hold strict liability for the products they sell. If you suffered a jaw injury due to a defective product such as a car, bicycle, furniture or safety equipment, you might be able to make a compensation claim against the manufacturer.
- Another individual – there are many other circumstances in which you could suffer a jaw injury, such as a criminal assault or a military accident. As long as another party was at least partially responsible for it, you might be entitled to make a claim.
What are the main types of jaw injuries?
The jaw is a pair of bones that make up the framework of the mouth, give shape to the face and support the teeth. The lower jaw or mandible is the largest and strongest bone of the facial skeleton. It is also the only mobile bone of the face and is essential for chewing.
The upper jaw is firmly attached to the skull, while the lower jaw is connected to the temporal bones by the temporomandibular joints. The whole structure is supported by ligaments and tendons that attach some of the strong muscles of the human body to the jaw bone.
A jaw injury can be very painful and lead to eating, drinking, speaking and breathing problems. This can have an extensive impact on your life and may cause long-term or even permanent health complications such as difficulties opening the mouth and chewing, numbness and disfigurement.
The most common jaw injuries include:
- Broken jaw
- Damage to the ligaments and tendons supporting the jaw
- Nerve damage to the jaw
- Temporomandibular disorders
- Dislocated jaw
- Damage to the muscles in or around the jaw
- Broken, damaged or misaligned teeth
A broken jaw is one of the most common reasons for making a jaw injury claim. A broken jaw is a common type of facial fracture and one of the most commonly fractured bones in the body. Jaw fractures are usually the result of direct force or blunt trauma to the jawbone caused by falls, assaults, road traffic accidents or sports injuries.
Jaw fractures should be treated as a medical emergency, and the treatment will depend on the severity of the injury. While mild fractures may heal on their own, your healthcare provider may need to perform surgery for more severe fractures. This may include wiring the jawbones together for several weeks or placing metal plates on the fractured area.
While recovering from a broken jaw, you may need a soft or liquid diet, take antibiotics and pain medicine or wear a stabilising bandage to limit jaw movement. This can be very distressing and may also cause emotional and psychological trauma. If another person was responsible for your injury, you might be entitled to claim jaw injury compensation for your damages.
The most common symptoms of a broken jaw and other jaw injuries include:
- Jaw, ear or temple pain
- Bleeding from the mouth or nose
- Difficulty breathing, eating, swallowing or speaking
- Facial numbness and bruising
- Jaw stiffness
- Dental-related discomforts such as loosened teeth or improper alignment
- Difficulty opening or closing the mouth
- Clicking, popping or grinding noises when moving the jaw
- Facial deformities
Generally, the outlook is very good for most people who experience a broken jaw. Moderately severe fractures may heal within four to eight weeks, while recovery from a surgical fracture may take up to several months. In most cases, the jaw heals successfully, with few long-term effects.
For a free consultation with a legal adviser, call 0800 678 1410. They can let you know if you may be eligible to make a broken jaw injury claim and can answer any questions you may have.
What are the leading causes of jaw injury claims?
You could suffer a jaw injury in many different ways, and the circumstances of your accident will likely be unique to you. However, this will likely cause you considerable pain, suffering and potential out-of-pocket financial expenses in many cases. If your injury was somebody else’s fault, you might be entitled to claim jaw injury compensation for your losses.
The most common causes leading to jaw injury claims include:
Road traffic accidents
Any road user, including pedestrians, cyclists, motorcyclists and drivers, could suffer a jaw injury in a road traffic accident. Blunt trauma to the face may cause bruising, damage to the jaw muscles, and even a broken or dislocated jaw. If you suffer whiplash during a collision, this could also give rise to long-term temporomandibular disorders.
Industrial or workplace accidents
While you are at work, your employer owes you a duty of care to take all reasonable measures to protect your health and safety. You could suffer a jaw injury at work due to a fall from a height, a slip on a wet floor or a machinery accident. If your employer failed to have proper safety measures in place, they might be liable to pay you compensation following a work accident claim.
Accidents in public
Local councils and business owners have a duty to maintain all public places safe for visitors. Hazards such as damaged pavements, insufficiently lit areas, potholes, spillages and wet surfaces may cause you to hurt your jaw in a public place such as a restaurant, supermarket, swimming pool or playground. If you suffer an injury without being at fault on public premises, you might be able to make a jaw injury claim against the council or business responsible.
An unprovoked physical assault can be very frightening and may cause severe emotional trauma. Jaw injuries are a common outcome of violent assaults and are usually caused by a punch or blow with a heavy or sharp object. If you are the blameless victim of a criminal assault, you can make a broken jaw injury claim through the CICA within two years after the attack.
Poor, delayed or incorrect dental treatment may cause further pain and suffering and could be valid grounds for a dental negligence claim. Mistakes during treatment can cause nerve damage, damage to your teeth and gums and painful jaw or mouth injuries. Using too much force during extractions or mistakes during dental implants may even lead to jaw fractures. If your solicitor can establish medical negligence was the cause of your jaw injury, you may be entitled to receive compensation.
A defective product such as a trampoline, bicycle, chair, or gym equipment can cause an accident in which you might injure your jaw. Under product liability laws, the product manufacturer could automatically be responsible for your injury. This means you don’t have to prove negligence, only that the product they sold was defective and caused your jaw injury as a result.
There are many ways in which a jaw injury may happen while practising a sport, and they are sometimes nobody else’s fault. However, some injuries may be preventable and caused by a reckless or late tackle, dangerous ground conditions, inadequate training, faulty equipment or bad advice by a professional trainer. Based on the circumstances of your accident, an experienced solicitor can let you know whether you can make a jaw injury claim.
Regardless of how you were injured, if another person was responsible for your accident, you might be able to claim jaw injury compensation. To find out if you have a valid claim, enter your details into our online claim form or call 0800 678 1410 to speak to an experienced legal adviser.
How do I make a jaw injury claim?
Any damage to the jaw muscles, bones, ligaments or nerves could be a valid reason for you to claim jaw injury compensation. If you believe that another person was responsible for your injury, you should contact a personal injury solicitor who will guide you through all the steps of the claiming process.
The first thing you should do after a jaw injury is to seek medical attention as soon as possible. A medical record detailing the type and extent of your injury, the treatment you received and your recovery prospects is an essential piece of evidence in every personal injury claim.
Besides having medical proof of your jaw injury, you will also need evidence to show what happened and who was at fault for your injury. There are many things you can do to help support your claim, including:
- Take photographs of the accident scene, capturing what caused your injury.
- Take photos of your jaw injury and keep a photographic record of your recovery process.
- Get the contact details of any witnesses to your accident; your solicitor might contact them later for a statement.
- If you were involved in an accident with a vehicle, get the driver’s contact details, licence plate and insurance details.
- If you suffered an injury in a public place or at work, report it to the responsible party and make sure it gets recorded in their accident log book. You have the right to ask for a signed copy of the report, which will serve as proof of the date, time and location of your accident.
- Try to obtain footage from CCTV cameras, dash cams or phones that might have captured the accident.
- If you were the victim of a criminal assault, report the accident to the police. The police report will serve as proof of how you suffered your jaw injury and is essential if you want to make a CICA compensation claim.
- Keep written notes about how the accident occurred, the injury you suffered, and how this affected your daily life.
- Keep track of all the financial losses and expenses you incurred because of your accident.
Your solicitor will help you gather the evidence you need to build a strong jaw injury claim. Afterwards, they will send a claim notification form to the other side, informing them of your allegations of negligence.
If the defendant admits liability for your injuries, your solicitor will begin to negotiate a settlement. Otherwise, your solicitor will have to issue court proceedings, and you may have to argue your claim before a judge. However, this is relatively rare, as an out-of-court settlement is beneficial to both parties and achieved in over 95% of injury claims.
If you feel you may have a valid claim for jaw injury compensation, call 0800 678 1410 or request a call back to receive a free consultation with a legal adviser. They will let you know if you have a valid claim and will answer any questions you may have about the process.
Is there a time limit to claim for a jaw injury?
Under the Limitation Act 1980, a three-year time limit is usually set to start a personal injury claim. The time begins to run either from the accident date or the date you became aware of your injury.
The last date on which you can begin legal proceedings is known as the claim limitation date, after which your case becomes statute-barred, and it is no longer possible to take legal action.
Although three years might seem like a long time, you should try to contact a solicitor as soon as possible. This will make collecting evidence and speaking to witnesses much easier and ensure you don’t lose your chance to claim compensation. Preparing the claim can take many months, and some solicitors do not accept a case with less than six months to the limitation date.
There are some exceptions to the three-year time limit to make a jaw injury claim, such as:
- If the victim is a child, a parent, guardian or another litigation friend can claim compensation on their behalf before they turn 18, regardless of when the accident happened. After turning 18, the victim has another three years to start a jaw injury claim by themselves, providing a claim has not already been made on their behalf.
- There is no time limit to claim compensation for a victim who lacks the mental capacity to take legal action for their jaw injury. This could be due to the accident or a pre-existing condition such as schizophrenia or Down syndrome. The three-year countdown would begin if the victim regains their intellectual capacity.
- Victims of violent crimes usually have two years to make a claim through the Criminal Injuries Compensation Authority (CICA). In the case of historical abuse, the two-year period to make a claim begins after reporting the crime to the police.
- You could also claim if you suffered a jaw injury abroad, but the time limit and other claiming conditions may depend upon the foreign country’s laws. For this reason, it is especially important to contact a personal injury solicitor as soon as possible to make a holiday accident claim.
- If you suffered a jaw injury due to a defective product, you must bring a claim within the applicable time limit and no later than ten years from the product’s launch date.
- Military personnel injured during service have seven years to make a jaw injury claim through the Armed Forces Compensation Scheme (AFCS) and the standard three years to claim under civil law.
How much jaw injury compensation will I receive?
Every jaw injury claim is unique, and the compensation you might receive depends on the particulars of your case, such as the type and extent of your injury, psychological trauma and out-of-pocket expenses. Your solicitor will calculate a suitable compensation award by considering two types of damages:
Special damages awarded for your financial losses and expenses such as:
- Medical expenses related to treatments, hospital stays, x-rays
- Rehabilitation and psychotherapy
- Costs of travel to and from medical and legal appointments
- Costs of care and assistance
- Lost wages during recovery
- Private medical treatments
General damages awarded for pain, suffering and loss of amenity:
- Physical pain and impairment
- Mental and emotional distress
- Psychological trauma
- Reduced quality of life
- Loss of a unique career
- Inability to pursue a hobby or social event
- Loss of companionship
- Loss of enjoyment of life
While it is relatively straightforward to calculate a suitable award for special damages, it is not so easy to determine the value of subjective general damages. For this, solicitors and insurance companies usually refer to the guidelines published by the Judicial College. According to their guidelines, you could receive:
- Up to £2,500 for a minor jaw injury that lasts no longer than a couple of weeks
- £5,150 to £6,960 for a simple jaw fracture that does not require surgery
- £17,960 up to £30,490 compensation for a moderately severe jaw injury with permanent consequences
- £28,610 to £42,730 for severe, multiple fractures to the jaw that require prolonged treatment and cause ongoing symptoms of pain and suffering
To learn more about your jaw injury compensation prospects, you can speak to a trained legal adviser by calling 0800 678 1410 for a free consultation. Alternatively, please enter your details into our simple online claim form if you would prefer to receive a call back.
Will I be offered a no win no fee service?
If you have a valid jaw injury claim, you can expect your solicitor to offer you a no win no fee service. This is the most popular way of funding a personal injury claim because it gives victims the chance to pursue compensation without taking any financial risks.
Before offering you a no win no fee service, also known as a conditional fee agreement, your solicitor will give you a free consultation to assess your case. They will ask you about the accident circumstances, the injuries you sustained and who you believe was at fault to determine if you have valid grounds to make a jaw injury claim.
If they accept your case, your solicitor will take out an After the Event (ATE) insurance policy on your behalf. The ATE insurance is a legal expenses insurance that provides full financial coverage for the costs you incurred if your claim is unsuccessful, such as the defendant’s solicitor fees and court charges. Therefore, when claiming on a no win no fee basis, you do not have to pay anything if you lose your jaw injury claim.
If you choose a no win no fee service, you only have to pay anything if you receive compensation for your damages. Your expenses will be deducted from the compensation award and include:
- The cost of the ATE insurance premium.
- Some basic legal fees that might not be recoverable from the defendant.
- A success fee that you pay to your solicitor for the risk they took by offering you a no win no fee service. The success fee cannot exceed 25% of your compensation award.
Before taking on your case, your solicitor will thoroughly explain the success fee and any other costs, so everything is upfront and transparent.