If you’ve broken your jaw in an accident that wasn’t your fault, you may seek legal advice on claiming compensation. But what is involved in making such a decision, and what benefits might you be unaware of? This guide offers an example case study for a £62,000 compensation payout on a fractured jaw injury. It also handles care claims, general damages and special damages, compensation calculators and No Win No Fee.
Before you click the headings below to visit the section of your choice, you could speak to our friendly team. After all, they could link you to our panel of personal injury solicitors. And they could manage your case at that stage. So, to chat about your compensation claim for your jaw injury, there are three methods that you could use.
And remember that our advisors are accessible 24 hours a day and 7 days a week.
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- A Guide To Calculating A Jaw Injury Compensation Claim
- What Is A Jaw Injury?
- Jaw Injury Financial Effects
- Common Jaw Injury Accidents
- Care Claim On Top Of Final Settlements
- What Compensation Claims Calculations Require
- Case Study: £62,000 Jaw Injury Compensation Claim
- Free Estimates For Our Clients
- No Win No Fee Claims For Negligence
- Where Are Top Quality Personal Injury Solicitors?
- Chat To An Advisor
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This guide handles all of the questions you may have relating to a compensation claim for your jaw injury. And it also covers:
- What a jaw injury is
- The financial impact
- Care claims
- General and special damages
- A case study of a £62,000 compensation payout
- Compensation calculators
- No Win No Fee
There is a personal injury claims time limit when claiming for any injury such as a jaw injury. That means you would have 3 years to make a claim from the date that the accident happened or from the date of knowledge.
As for a child (someone aged under 18) or someone who lacks the mental capacity to claim, well, a close relative or another appointed representative could be their litigation friend to process the claim on their behalf.
However, once the child turns 18 or if the victim becomes capable of representing themselves, if no claim has been previously made the 3-year clock would then begin for them. Get all the facts about personal injury claims time limits by talking to our specialist team.
The jawbone is a pair of bones that form the framework of the mouth the bottom part known as the mandible and the upper part is called the maxilla. A fractured jaw would occur when either bone suffers a break or fracture. And a jaw fracture could cause immense pain due to the consequential eating and talking difficulties.
As a result, the recovery time for a broken jaw, even on a minor level, could be between four and eight weeks. For a severe jaw fracture that requires surgery, the rehabilitation maybe months, or even longer.
To prove negligence you must meet these 3 criteria:
- You were owed a duty of care by a third party.
- But a breach in that duty of care caused an accident.
- And that accident resulted in you suffering an injury such as a fractured jaw.
We will now look at 3 key pieces of legislation in connection with duty of care;
One is employer’s liability (EL), which would be relating to employers being liable if an employee is injured through their negligence. Now, the Health and Safety at Work etc. Act 1974 states that employers should so far as reasonably possible uphold the health, safety and wellbeing of their workforce.
A slippery surface without any hazard signs or a work environment filled with hazardous obstacles could lead to an accident at work resulting in a jaw injury. Such a duty of care breach could mean a fractured jaw at work claim.
Another is public liability (PL), which would be covering public places. The Occupiers’ Liability Act 1957 notes that there is a duty of care to prevent accidents in public places happening. Yet there’s always the possibility that you’re injured in a public place and you suffer a fractured jaw.
According to the Highway Code, all road users should provide a duty of care towards all other road users this includes pedestrians and cyclists. Yet a crash or collision at the fault of somebody else breaches that duty of care. And who knows? Maybe your fractured jaw is only one of multiple injuries, paving the way for a multiple injury claim.
The financial impact of a jaw injury could be very significant. The lengthy recovery time could result in lost earnings. Then we have medication, public transport costs and extensive physiotherapy to repair your jaw injury. These could all bring about major expenses. But these figures could be included as part of your special damages claim. Call our friendly team today for more information.
In terms of the typical ways that a jaw injury could occur, one example is from a fall at work. Considering that there were 693,000 workplace injuries in 2019/20, it’s not unreasonable to suggest that they could include broken jaws. An accident in a public place could certainly lead to a broken jaw via a slip or a trip, and potentially a public accident claim.
As for road traffic accidents, there were 180,000 injuries suffered as the result of a traffic incident in 2016 alone. A jaw injury could result from a traffic accident as could many other injuries. You can speak to us anytime about scenarios which could result in a compensation claim for an injury to the jaw.
When you make a claim there are two heads of loss that can be included general damages and special damages, as part of your special damages care costs can be included. This would be covering any care that you require as a direct result of your injury. And it could include:
- Any additional support from family members and friends
- As well as professional nursing costs
- And also professional cleaning and gardening services.
Find out more by using our 24/7 Live Chat service.
A compensation claims calculation would require you to undergo an independent medical evaluation as part of the claims process. That’s because a full medical check totally diagnoses your injury as well as predicting your probable recovery period.
And it could confirm that, if not for the accident, your jaw would be fine. All of which means that an independent medical evaluation is crucial towards forming the basis for your compensation claims calculation. That would then be defined by general damages and special damages.
General damages would be covering the pain, suffering and the impact on your life caused by your injury. The physical and mental impact would be the subject of general damages.
Meanwhile, special damages handle the secondary consequences, such as lost earnings, public transport costs, medical expenditure and physiotherapy. For a full breakdown of general and special damages, call us using the number at the top of this page.
Mr Bernstein, 40, works in construction. He lives with his wife, and they have three children: two sons and one daughter. Away from work, Mr Bernstein enjoys walking their dog Rover, as well as enjoying food and drinks with friends.
One afternoon, Mr Bernstein was at work he was putting the windows into a house that had just been built on the site when the scaffold gave way causing Mr Bernstein to fall from the upper level of the house to the ground. As Mr Bernstein fell he knocked his face on the way down shattering his jaw. His jaw felt extremely painful, to the point where his breathing had suddenly become a real struggle.
Mr Bernstein was taken to the hospital, where he was diagnosed with a severely fractured jaw by the doctor. He was advised to undergo surgery to repair the broken joints surrounding the jaw area. Although the operation was a success he would be left with difficulties and disabilities within the jaw area. Mr Bernstein was advised to recuperate at home for several months while he recovered.
Mr Bernstein was very upset about the situation as he had informed his manager on several occasions about issues with the scaffolding but all of his concerns had been ignored. Now he faced difficulties with eating and talking that required many months of physiotherapy.
Due to several months of loss of earnings and also medical costs such as medicines and physiotherapy, Mr Bernstein decided to seek legal advice.
After seeking legal advice, Mr Bernstein filed a compensation claim for his jaw fracture against his employer. He received £62,000 as an out-of-court settlement. This included £42,000 in general damages and £20,000 in special damages.
|Type Of General Damages
|Costs relating to a significant jaw fracture
|Type Of Special Damages
|Costs of lost earnings during his recovery
|Costs of prescription medication to assist his rehabilitation – Physiotherapy
|Costs of using public transport to & from the hospital
|Added costs relating to the impact on the sufferer’s life – Gardening, walking the dogs, washing the car, child care.
The case of Mr Bernstein is purely an example. It is based on our past experiences of handling and valuing claims and serves to illustrate how accidents can happen and how they are valued.
We prefer not to use online personal injury claims calculators. Why? Well, because compensation calculators provide template guesses for what you may receive without considering the specific nature of your injury and financial losses. We, however, take the opposite approach.
Indeed, we try to find out as much as we possibly can about you and your jaw fracture. By doing this, we’re covering every eventuality to ensure you receive the most accurate compensation payout estimate possible. You can contact us today to get further details.
If you’re making a negligence claim, you’ll benefit from a No Win No Fee service. That’s because working with a No Win No Fee solicitor results in less stress and lower costs, and that’s because:
- There is no requirement for any legal fees up-front
- And there is also no requirement for any legal fees during the case
- Your personal injury solicitor would take a nominal amount to cover their legal costs (called a success fee and capped by law), but only if you receive compensation
- So, if your personal injury claim is unsuccessful, you pay nothing at all to your solicitor.
Use our Live Chat anytime to find out more about making a No Win No Fee solicitor for negligence.
There are no longer location restrictions when it comes to finding the best personal injury lawyers. After all, the internet allows you to utilise the services of any credible law firm.
Our panel of No Win No Fee personal injury solicitors bring an outstanding track record, vast experience, industry-standard qualifications and a plethora of positive reviews. So, what are you waiting for? Give us a call today to chat about your compensation claim for your fractured jaw injury.
At this point, you may wish to speak to our expert team. They could put you in touch with our panel of personal injury solicitors, who could then handle your case. To talk to us about your compensation claim for your fractured jaw, use any of the following methods:
Our team is available to answer your questions 24 hours a day, 7 days a week. Also, keep in mind that there is no obligation to proceed with your case.
We hope you have greater knowledge about making a compensation claim for your fractured jaw. If you wish to learn more, though, you can use the links below.
Click here to read about our services in full.
To read about claiming compensation after a public transport claim, click here.
Find out about how to claim after a cycle path accident by clicking here.
To find out more about jaw pain, click here.
Read about fractures and broken bones by clicking here.
Click here to read the Employment Rights Act 1996 to handle potential workplace injuries.
Article by AR