Can You Claim Compensation for Dental and Jaw Injuries in Car Accidents? Car Accident Lawyer NYC Elaborates

When you take a look at car accident injuries, dental injuries are some of the most common. Not only can dental injuries be quite painful, but they can also have a significant impact on your self-esteem and psychological state. Considering how expensive dental healthcare can be in NYC, you would undoubtedly want to know—can I claim compensation for dental injuries in car accidents? At Gabriel Law, we’ve represented many New Yorkers as their car accident lawyer in NYC, and in this post, we’ll give a brief rundown of everything you need to know about claiming compensation for dental injuries in car accidents.

Types of dental and jaw injuries in car accidents 

Car accidents can cause a variety of dental and jaw injuries, necessitating various treatments such as surgery, dental implants, or even long-term care. Some of the most common dental and jaw injuries seen in NYC car accidents are: 

• Jaw fractures and dislocations—fractures and dislocations can happen when the head hits the steering wheel, dashboards, or airbags, causing problems with chewing, facial movements, and speaking.
• Temporomandibular Joint Disorders (TMJ)—The TMJ is the joint that connects the jaw to the skull. Any damage to the joint can result in significant jaw pain, clicking sounds, and headaches and cause difficulty in opening and closing the mouth. 
• Tooth displacement (luxation)—the tooth is pushed out of the original position, becoming loose but not completely knocked out. 
• Chipped or lost teeth. – Although relatively minor in comparison, these injuries often require root canals, crowns, and implants. If left untreated, they can lead to infections and far more serious dental problems. 
• Soft tissue injuries—cuts, lacerations, or the bruising of the gums, lips, or cheeks.

Does my insurance cover dental and jaw injuries? 

Yes, you can claim compensation for dental and jaw injuries that resulted from car accidents through insurance. In New York, you can claim compensation for current and future medical expenses and other connected expenses through your Personal Injury Protection (PIP) coverage.

For example, if you’ve suffered a jaw fracture that requires surgery and assisted care, you can claim for medical expenses for the surgery, the medication that you need to take afterward, and the payments provided to any caregiver or facility. Since New York is a no-fault state, you are able to claim this compensation, irrespective of your fault in the accident. However, keep in mind that the highest you can claim from your PIP coverage is $50,000.

Can I file a lawsuit for dental and jaw injuries? 

If you are looking to file a personal injury lawsuit against the at-fault driver in New York, you can only do so if you can show that your basic economic damages exceed $50,000 or your injuries meet the state’s “serious injury” threshold. 

According to Section 5102 (d) of New York Insurance Law, a “serious injury” is any personal injury that falls within nine categories, and it includes categories such as fractures, significant disfigurement, the permanent loss of bodily function, and the inability to perform daily tasks for 90 days within the 180 days immediately following the accident (the 90/180 category). 

Many dental and jaw injuries, such as broken jaws, missing teeth, and long-term TMJ disorders, meet New York’s serious injury threshold, particularly when they impact your eating, speech, and appearance. Once you’ve successfully proved a serious injury, you are able to claim both economic damages and non-economic damages such as pain and suffering, loss of earning capacity, mental distress, loss of consortium, and the loss of enjoyment of life. 

Keep in mind that the statute of limitations for personal injury cases is three-years from the date of the accident. Failing to file your case before this deadline will result in you losing the right to claim compensation for your injuries. 

What should you do after a dental or jaw injury?

When claiming compensation for dental and jaw injuries, what you do in the aftermath of the accident can have a major impact on your compensation. That being the case, here’s what you need to do to increase your chances of walking away with a favorable settlement: 

• Seek immediate medical attention—Even though the injury may seem minor, you must always seek medical attention after an accident. A medical examination can help catch injuries early and prevent your condition from worsening and causing permanent damage. The treatment you receive will also create medical records that can support your case. 
• Take photographs and gather evidence—If possible, take photographs of the accident and your dental injuries. Preserve evidence such as broken dental devices and gather other evidence such as police reports and CCTV footage. Together, the evidence will help show the extent of the damages and show who is at fault for the accident. 
• Speak with an accident lawyer in New York – When it comes to getting help with insurance and legal matters, nothing beats the skills and expertise that an experienced New York accident attorney can provide. Contact a trusted lawyer to get a better picture of your rights, obligations, and liabilities connected to the accident. 
• Contact your insurance company—Once you’ve received legal advice, contact your insurance company and inform them about the accident. Since insurance companies can try to delay, limit, or deny your claim, it’s often best to get started right away.

Conclusion 

Dental and jaw injuries are some of the most common injuries seen in car accidents across NYC and have the potential to cause a lasting impact. Since you are able to claim compensation for these injuries through insurance and lawsuits, getting the help of an experienced lawyer or personal injury law firm in NYC can make a major difference in reaching a favorable settlement. Schedule your free consultation with us at Gabriel Law, and let’s get to work on achieving the settlement you deserve.