Dental-related and mouth injuries, like broken teeth, dislocated jaws, torn gums, and puncture wounds, are common occurrences. Dental-related injuries could result from various incidents. These include auto accidents, dental malpractice, work accidents, and assaults.
While some of these incidents are accidental, there are times when another person's negligence can cause your injuries. Many assume that mouth and dental injuries are less severe than personal injuries. These injuries may not be life-threatening. But, they could cause unbearable pain, lost work time, and significant dental bills.
You have a right to compensation if you prove that your injuries result from another person's negligence. In this case, negligence is the breach of the defendant's duty of care towards you. You can recover the compensation by filing a civil lawsuit against the negligent party. The first step in filing successful lawsuits is working with a reliable attorney for guidance.
Dental-related injuries
Any damage that causes abnormalities on your teeth, gums, or other tooth-supporting tissues qualifies as a dental injury. Most dental injuries do not pose a serious risk to life. But they can hurt and make dental work quite expensive. Common dental injuries include:
Tooth Intrusion
Tooth intrusion is the movement of a tooth into the alveolar bone. It can cause excessive trauma to the bone, causing it to break or fracture. An accident, contact sports, or an assault may cause tooth intrusion. It causes severe pain and discomfort, and the condition may require emergency treatment.
Displaced Tooth
A tooth can be displaced due to injuries to the ligaments, bone, and tissues that support it. A fault, poor dental procedures, or other forms of trauma can cause injuries. A displaced tooth is often loose and can move around in shock. The symptoms of a displaced tooth include pain, bleeding of the gums, and sensitivity.
Treating a displaced tooth will require you to court with a skilled orthodontist. The orthodontist will repair the damaged tissues and ligaments before repositioning the tooth.
Fractured Tooth Root
A cracked or fractured tooth is a common consequence of trauma to the face and jaw.
The primary signs of the disease are pain and swelling around the tooth. Cracks in the roots might vary in severity. Sometimes, a minor fracture doesn't affect the tooth's appearance or ability to function. Certain fractures are more severe and may take longer to heal.
Tooth Loss
Tooth loss occurs when a tooth falls out of its socket. Facial trauma can also result in tooth loss. As an alternative, a dentist may decide to pull a tooth that has sustained significant damage. Tooth loss can significantly affect the health of your remaining teeth and your ability to chew food correctly.
Additionally, it can affect the health of your jawbone and the appearance of your smile. If another person's negligence contributes to you losing your tooth, you can sue them for compensation.
Mouth Injuries
Although they may be more varied, mouth injuries frequently accompany dental injuries. This is because they involve any harm to the oral cavity's inside or exterior. Mouth injuries can be extremely painful and uncomfortable, and their correction may involve several treatment procedures.
Common mouth injuries for which you can file a personal injury lawsuit include:
Fractured jaw
A fractured or broken jaw occurs when the upper or lower jawbone suffers trauma and breaks. A fractured jaw is a common facial injury. Any situation that results in trauma to your head and face can cause a broken jaw injury. A broken jaw causes intense pain and can hinder your ability to speak clearly and chew food.
Mouth Burns
You can suffer a mouth burn from an actual fire or the use of toxic chemicals during dental procedures. Depending on its severity, mouth burns can impact your appearance, causing low self-esteem. This may cause emotional distress and mental anguish.
Severe Contusions
Contusions are bruises, blisters, and swelling of the lips. Depending on the cause, contusions can be minor or severe. Severe concussions can cause extreme pain and leave scars that affect your appearance after they have healed.
Lacerations
Mouth lacerations occur when you suffer a tear in the tissues of your mouth. Blunt trauma or impact from a sharp object can cause mouth lacerations. Improper treatment of the injury can lead to severe cosmetic flaws.
Common Causes of Dental and Mouth-Related Person Injuries
You can file a lawsuit against someone else when you suffer an injury due to their negligence. There are several negligent circumstances under which you could suffer mouth and dental injuries. They include:
Auto Accidents
Car, motorcycle, truck, and bus accidents are common occurrences in Florida. Depending on the severity of the accident, you may suffer trauma to the head, which results in mouth and dental-related injuries. Most auto accidents result from drivers, other road users, and vehicle manufacturers' negligence.
After an auto accident, you must undergo a medical and dental check-up. This will help detect any dental and mouth injuries and record them for your lawsuit.
Slip and Fall Accidents
People may consider slipping on a wet floor as an accident. However, property and business owners are liable for ensuring their premises are safe from such accidents. Most slip-and-fall accidents cause trauma to the head and skull, which can translate to dental and mouth injuries.
Under these circumstances, you could file a lawsuit against the property owner. This allows you to recover compensation for your injuries and losses.
Dental Malpractice
You anticipate receiving a solution to your dental problems when seeing an orthodontist or dentist. When doing dental operations, these experts ensure you receive the right care and maintain good hygiene. Unfortunately, serious dental damage can result from a small procedure at the dentist.
These may result from your dentist's carelessness or neglect of essential treatments. You can sue the dentist if a dental operation causes you to sustain a mouth or dental harm.
Assault and Battery
Assault and battery involve offensive touching or the use of force against another person. Different forms of assault, like punching in the face, hitting over the head, and tripping, could result in an injury to your mouth. Assault and battery are serious offenses under Florida law. Even after facing criminal charges and penalties, you can sue the defendant to recover compensation for injuries they caused you.
Work-Related Injuries
Different jobs have varying risks. However, your employer must put measures in place to protect you. You can file a lawsuit against your employer if you suffer a mouth or dental-related injury while performing work duties.
Establishing Liability for a Mouth or Dental-Related Injury
Proving liability for your injuries is critical for individuals seeking compensation for mouth and dental-related injuries. This will involve identifying the liable parties. Additionally, you must prove how their acts resulted in your injuries and damages.
In Florida, courts base liability on negligence. Therefore, you must establish the following elements to hold another person accountable for the injuries:
Duty of Care
The first element you must prove in every person's injury claim is that the defendant owed a duty of care. The duty of care is each person has a responsibility to ensure they do not cause harm to others.
For example, drivers and motorists must operate safely to avoid accidents. Additionally, dentists must ensure the well-being of patients when performing different dental procedures to prevent injuries.
Breach of Duty
Proving a duty of care is insufficient to prove that another person's negligence caused your dental and mouth injuries. You must prove to the court that the defendant breached a duty of care towards you. This occurs when the other party places you at risk of injury.
Causation
When you file a personal injury lawsuit in Florida, you establish a link between the defendant's actions and your injuries. Although a person's actions do not have to be the only factor causing your injuries, they must be significant.
Damages
You must also prove your damages to get compensation for mouth and dental injuries. Use medical records and expert witness testimonies to show the injuries' impact on your emotional and financial well-being.
Compensation Benefits in Dental and Mouth Injury Lawsuit
Mouth and dental injuries aren't life-threatening. However, fixing your smile may require costly, painful dental work. Additionally, you could suffer emotional pain and mental anguish due to the effects of the injuries. You can receive compensation for the suffering and losses when you file a lawsuit against a negligent party for your dental injuries.
There is no specific amount you stand to recover from your lawsuit. However, the personal injury court can consider the following factors when awarding compensation:
- The nature of your claim. A personal injury claim for a dental or mouth injury will vary depending on how the injury occurred. Therefore, the court may award different compensation for injuries that result from assault, auto accident, and dental malpractice.
- The seriousness of your injuries. Mouth and dental injuries could range from simple tooth fractures to severe injuries like broken jaws and knocked-out teeth. Having a severe injury means you will spend more money on treatment and spend more time out working. This can cause you to receive more compensation.
- We need to determine whether remedial treatment is necessary. Some mouth and dental injuries cause severe damage to your jaws and teeth. This mandates some corrective treatment procedures. You may recover more compensation under these circumstances.
- Circumstances of the injury. You may recover additional compensation for your injuries if a person's negligence is a crime under Florida law. In this case, they may compensate you for the punitive damages.
Common compensation benefits you could receive from your lawsuit include:
Medical and Dental Expenses
Medical expenses comprise a large part of the compensation for a personal injury claim. Depending on the cause and nature of your injuries, you may need expensive and ongoing treatments. Before your lawsuit goes to court, you may need to cover your medical and dental expenses. During the settlement of your lawsuit, you will recover these costs.
The condensation will cover additional procedures needed to correct your smile. If you have a mouth or dental injury worsened by a defendant's actions, you can also recover compensation for the more medical expenses.
Lost Wages
Although dental and mouth injuries are not life-threatening, you may need to take some time off work to undergo treatment. You can lose some income from monthly wages, bonuses, or overtime pay during this period. If you succeed in your personal injury lawsuit, you can receive compensation for the lost wages.
Emotional Pain and Suffering
Some forms of dental and mouth injuries are a result of severe trauma. In this case, you will experience physical pain from the injuries and emotional suffering due to the ordeal. For example, if you suffer a jaw injury or knocked out teeth, which affects your smile, you can experience emotional distress.
Although you cannot equate pain and suffering to a dollar value, the court will order compensation for the damage.
Punitive Damages
In Florida, a personal injury victim can recover punitive damages if the defendant caused their injury with malice or fraud. If you suffer a mouth or dental injury from an assault, you can get punitive damages as part of your compensation.
Unlike other damages that aim to compensate you for your loss, punitive damages punish the defendant for their actions.
Find a Reliable Personal Injury Lawyer Near Me
Dental injuries include mouth lacerations, broken or lost teeth, and jaw fractures. If you suffer a dental injury due to someone else's negligence, you can sue them. Pursuing a personal injury claim after a mouth or dental injury may be an uphill task. You must collect evidence of the injury and establish liability before receiving compensation. For this reason, it is critical to hire and retain a skilled lawyer to help you navigate your lawsuit.
A successful lawsuit can earn you compensation for your injuries. It covers medical and dental bills, lost wages, and pain. At Jacksonville Personal Injury Attorney, we will provide expert legal insight. It will help you pursue your lawsuit and win. Contact us at 904-800-7557 and allow us to guide you through your case.