Injuries to the face and jaw can be extremely painful and difficult to overcome. Daily tasks like talking and eating can become nearly impossible after a severe facial injury, including a blow to the temporal mandibular joint. At Holliday Karatinos Law Firm, PLLC, our injury lawyers know how stressful this can be for accident victims in Lutz and the surrounding area. Our team of professionals can help you evaluate your case, collect the evidence you need, and construct a strategy to pursue compensation.
Pursuing Damages after a Temporal Mandibular Joint Injury
The temporal mandibular joint (TMJ) connects your jawbone to your skull and operates like a sliding hinge. Since this is such a critical joint that is used in talking, chewing, swallowing, and many other activities, damage to it can have a significant impact. If you are experiencing pain, tenderness in your jaw, aching facial pain or ear pain, or a locking of your jaw, you may be experiencing symptoms associated with a TMJ injury.
To hold a careless individual or entity responsible for the harm you have suffered, you must show that the defendant was negligent. In general, the law requires each of us to act with the same ordinary care and skill that a reasonably prudent person would use in a similar situation. If your TMJ injury occurred in the context of a dental or medical procedure, however, the duty of care would require your health care provider to adhere to the policies and procedures that other medical professionals in the same specialty would use within the same geographic region based on your existing conditions, age, gender, and background. When a doctor or another individual fails to act according to the appropriate standard of care, he or she has committed a breach and may be liable for your injuries.
After establishing that the defendant owed you a duty and breached that duty, you must show that the defendant’s careless behavior was the direct cause of your injuries and that the accident was foreseeable. TMJ injuries can occur in a wide variety of accidents and can arise from a number of causes, including faulty dental procedures, a heavy impact to the facial region, or whiplash during a car accident.
As the final element of a negligence claim, the plaintiff must provide evidence of his or her damages. This typically includes medical bills and the costs of future treatment, as well as the pain and suffering that you experienced. If your TMJ injury has caused you to miss work or has prevented you from returning to your normal occupation, you may also be entitled to seek recovery for lost wages and potentially the loss of your future earning capacity. There may be a range of other economic and non-economic damages that you can pursue, depending on the circumstances surrounding the accident.
In some cases, a victim’s spouse may be able to bring a loss of consortium claim, which recognizes the loss of the injured person’s services, comfort, society, and attentions. For example, if you are no longer to participate in the same activities that you and your spouse enjoyed because of your accident, your spouse could potentially be entitled to compensation for that loss.
Seek the Advice of a Brooksville Lawyer for Your Injury Claim
If you or someone you know has suffered a TMJ injury as the result of someone else’s carelessness, you may be entitled to compensation. Holliday Karatinos Law Firm, PLLC has over 50 years of collective experience helping accident victims throughout Hillsborough, Citrus, and Hernando Counties, such as in Spring Hill and Brooksville. Our attorneys can assist you with a premises liability claim, a lawsuit arising from a car accident, or any other personal injury case. Call us or contact us online to set up a free consultation.