A Guide to Claiming Jaw Injury Compensation
If you have been affected by a jaw injury we can help.
The purpose of this guide is to help anyone who has suffered a jaw injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.
Types of jaw injury
Broken jaw and other jaw injuries can have serious, long-term health consequences.
Symptoms typically include problems opening the mouth, problems with chewing and brushing teeth, facial numbness, disfigurement and teeth damage.
Most jaw injuries are the result of facial trauma, such as a sporting accident, trip and fall accident, road traffic accident or criminal assault. Occasionally, they are due to negligent dental treatment. Dental implants, for example, have been known to cause permanent nerve damage in some patients.
Common jaw injuries include:
- Broken jaw
- Fractured jaw
- Dislocated jaw
- Cancer of the jaw
- Torn muscles, tendons or ligaments
- Nerve damage
- Temporomandibular Disorder, a problem affecting the chewing muscles of the jaw.
Do I have a jaw injury claim?
You should be able to make a jaw injury claim if your injury happened:
- in the last three years, and;
- someone else was at fault, and;
- that person owed you a duty of care.
Find out if you have a claim with our Online Claim Checker:
Are there any exceptions?
If these two points don't apply to you, a compensation claim may still be a possibility.
To get impartial advice on whether you have a claim, you can speak to a jaw injury claim expert on 0800 612 7456.
A brief phone consultation will confirm whether you have a claim. There is no obligation to start a claim.
What if a child was injured?
The 3 year rule does not apply to minors.
A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a jaw injury claim on their own behalf.
What if I can't prove who caused the jaw injury?
Your solicitor will work on your behalf to assess your jaw injury claim and gather evidence. They will identify the party responsible for your accident.
What are the chances of success?
The claimant's solicitor must prove that the defendant negligently caused the accident in question. They must also show that the injury arose as a result the accident and not from some other cause, such as an underlying illness.
If the broken jaw or other jaw injury was due to criminal violence, such as actual bodily harm, the claimant need only show that an act of violence occurred. Negligence does not have to be proved.
To establish dental negligence, the claimant's solicitor must prove that the dentist made a mistake that no other reasonable dentist would have made. Read more about medical negligence claims.
The amount of money you could claim for your jaw injury will depend on:
- the extent of your injury, and
- any financial losses or costs you have incurred.
At the start of your claim, your solicitor will consider the many ways your jaw injury has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.
This calculation will factor in 'general damages' and 'special damages'.
General damages are awarded for pain, suffering and loss of amenity (PSLA).
Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.
Special damages are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after a jaw injury? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- Travel costs
- Costs of care
- Costs of adapting your home or car
Jaw injury compensation amounts
The following jaw injury payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth Edition by the Judicial College.These tables are used by solicitors or by the courts as a starting point when calculating your compensation.
|Jaw fracture||Minor||Simple fracture||£5,150 to £6,960|
|Jaw fracture||Serious||Serious injury with permanent consequences||£14,320 to £24,300|
|Jaw fracture||Severe||Very serious injury with multiple fractures||£24,300 to £36,310|
How is compensation calculated if I have multiple injuries?
If you have sustained multiple injuries, the compensation amounts are not simply added together.
The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.
General damages for a serious jaw fracture can be £24,000
For a less severe scarring, in isolation, you would typically receive £3,500.
However, if you have a serious jaw fracture and a less severe scarring, you would typically receive £24,000 + a reduced percentage of £3,500.
Special damages, such as loss of earnings are not usually increased if you have multiple injuries.Read more about multiple injury claims
What is the average injury compensation for a jaw injury claim?
The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.
However, the money you would receive following a jaw injury will depend entirely on your specific circumstances.
Your jaw injury compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.
See the injury table above for some examples.
Jaw injury compensation
Calculating how much compensation you can claim for a jaw injury can be complicated.
Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.
Find out what your jaw injury claim could be worth now:
How long does a jaw injury claim take?
How long it can take to settle a jaw injury claim can vary considerably.
For example, a simple liability accepted injury claim could be settled in a month or two. However, if liability is denied it could take considerably longer. On average an injury claim should take 4 to 9 months. For more information on how long your claim could take, read:How long will my claim take?
Will I still be able to claim for a jaw injury after the law changes in April 2020?
The law relating to personal injury claims is changing in April 2020.
You will no longer be able to claim no win, no fee compensation using a solicitor for lower value claims (under £5,000).
In addition, compensation for whiplash and other soft-tissue injuries will be reduced.
Caring and sensitive support
Your solicitor will handle your jaw injury claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:
- Financial support: interim payments while you are unable to work.
- Advice: on personal injury trusts, tax and welfare benefits.
- Coordination: with rehabilitation providers and therapists.
- Access: to treatment and therapies not always available on the NHS.
Who pays for this specialist help?
The cost of treatment will be factored into your compensation settlement paid by the defendant or their insurance company. Should you require private treatment before the case settles, an interim payment to cover treatment costs may be possible.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee - the facts
'No win, no fee' means that if you do not win your jaw injury claim, you will not have to pay any legal fees. Known as a 'Conditional Fee Agreement' or 'CFA', no win, no fee is a contract between you and a solicitor.
Our no win, no fee guarantee
If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making a jaw injury compensation claim.
What do I pay if I win my jaw injury claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.
What do I pay if I do not win my jaw injury claim?
If your jaw injury claim is not successful then you will not have to pay any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.
How can Quittance help?
Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.
If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.
Call us FREE 0800 612 7456 or arrange a callback:
if you can claim
to start a claim
Jaw injury FAQ's
Can I claim for someone else?
Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.
If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.
The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.
Can I claim if I was partly responsible for an accident?
You may still be able to claim compensation even if you contributed to your accident or to your injuries.
However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.
How long do I have to make a jaw injury claim?
In general, you have a time limit of up to 3 years from the date of the jaw injury to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your jaw injury claim becomes 'statute barred'.
Can I claim for a jaw injury after 3 years?
Possibly. The general rule for adults is that a claim must be started within three years.
However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.
If you were injured as a child, you do have up until your 21st birthday to make a claim.
There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim jaw injury compensation.
In reality, there are a number of factors that can affect whether a jaw injury claim will be taken on by a solicitor.
Will I have to go to court?
Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.
Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.
Cases that do ultimately go to court are held in front of a judge, not a jury.
Will I have to go to a solicitor's office?
No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.
Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.
Can I get an early compensation payment?
If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.
An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.
About the author
Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.
Read more about this Quittance Legal Expert