Claiming Compensation for a Fractured Jaw


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By Oliviah Rix-Taylor

on Friday 19 October 2018


jaw breakers

Damage to the jaw can be incredibly life-altering, as well as painful. Anything that affects our ability to eat and communicate often has emotional and psychological issues that rises above the straight-forward concern of the physical injury. A fractured jaw that happened through an accident or incident that was not your fault is likely to deserve financial compensation.

What can cause a fractured jaw?

Road traffic accident

One of the most frequent situations that can lead to a jaw fracture, is that of a car crash or other road traffic accident. Often, the idea of a car accident focuses on people inside the vehicles, but often a road traffic accident involves pedestrians or cyclists. Being thrown from a bicycle or hit by a fast-moving vehicle is likely to cause significant injury – and a fractured jaw is unfortunately likely if a blow to the face occurs.

For those in a vehicle, safety measures such as seatbelts and airbags offer a significant amount of protection, but a jaw fracture is still possible in a high impact crash.

If you received a jaw fracture due to being involved in a collision that was not your fault, then you may be able to make a successful claim for compensation.

Accident in a public place

Whether walking on a pavement or out dancing at a club, any trip or fall in a public place that has been caused by a failure to properly maintain the environment falls under the liability of the owner. In the case of a venue, such as a club or cinema, that owner may be a private business, where the pavement and other public areas such as a park are under council jurisdiction.

The proprietor of the location has a legal duty of care to ensure the safety of all their customers and members of the public, and if the relevant health and safety regulations have not been followed, leading to a jaw injury, then a successful claim for compensation is possible.

Consider whether the following were all true:

  • The area was in good repair and level

  • The area was clear of obstruction and hazards (including liquid spills)

  • Any hazardous sections were clearly marked and partitioned

  • The area was adequately lit

If any of these factors were not properly taken care of and your injury came about consequently, there may be reason to file for compensation for a fractured jaw. An obstruction at the top of a flight of stairs in a shadowed area that results in a trip and fall down the staircase is an example of situations that result in a substantial financial award.

Accidents at work

While in the workplace, the duty of care falls to your employer. Maintaining a safe environment for all staff is paramount for every business and a failure to do so that results in an accident could hold the business responsible to payment of a compensation claim.

Examples of situations that can lead to an accident:

  • Working with machinery without proper training

  • Falling from a poorly secured ladder or makeshift replacement (chair etc.)

  • Slipping on a hard, greasy floor

If your employer has failed to adequately follow health and safety guidelines leading to your injury, then you should consider personal injury compensation.

Assault

If you have been attacked or been in a fight which led to your jaw fracture, then you may be able to make a claim against your assailant for compensation.

In situations where the perpetrator of the crime is unable to pay the compensation, or if they cannot be found, CICA – the Criminal Injuries Compensation Authority – exists to make sure that you as a victim of a crime, do not lose out on compensation you are due.

How much will I receive from my jaw fracture compensation claim?

The courts will use a set of national guidelines to help them reach a final decision for your compensation award. For a jaw fracture, the payable amounts are:

Severity Compensation
Simple fracture requiring immobiliisation but from which recovery is complete£5,150 to £6,960
Serious fracture with permanent consequences such as difficulty in opening the mouth or with eating or where there is paraesthesia in the area of the jaw£14,320 to £24,300
Serious multiple fractures followed by prolonged treatment and permanent consequences, including severe pain, restriction in eating, paraesthesia and/or the risk of arthritis in the joints£24,300 to £36,310

When calculating your compensation, the courts will take everything into account surrounding your jaw fracture. They will look at the amount of pain and the length of suffering; the inconvenience if you have been unable to eat easily, or found it hard to communicate; any emotional distress or psychological damage; your loss of earnings; and expenses related to your claim, for example the cost of getting to and from any hospital appointment, etc.

It is wise to keep any invoices and receipts, as well as notes on the effects the jaw injury has had on your life. If requested, these records can be used to help bolster your claim.

Will I put anyone out of business by claiming against them?

The worry that by making a compensation claim you may adversely affect people’s livelihood is a natural one, especially if you are making a claim against a current employer, or a previous one who is still considered a friend or where your friends still work.

You don’t need to worry; business indemnity insurance will be in place to cover any liability that the business has. That insurance will cover the cost of your compensation claim, as well as protecting the defendant from any legal fees or other costs. In fact, the largest financial impact you are likely to have on the company you are claiming from is a slight rise in their annual insurance premiums!

There is a similar level of insurance protection if you are claiming due to a car accident – the person responsible for the accident had to be legally covered by car insurance before driving on the road. Only claims for assault usually place fiscal responsibility directly upon the defendant.

Is there a timeframe to my jaw fracture claim?

Personal injury compensation claims must be initiated within three years of the original incident taking place – if you are unsure of the exact dates and believe you are close to that three-year term, please call us immediately for help and to secure the timing.

The actual length of the court case itself between your first discussions with our solicitors and a final payout can take years. Compensation claims are complicated and can require a lot of information and evidence to be gathered on both sides, please do understand that you are going to need to have patience throughout the proceedings.

How do I make a claim?

Just give us a call here at Accident Line Direct. We are specialists in personal injury claims and will be able to take your details and perform an initial assessment before passing your case on to the professional legal team.

We believe everyone is entitled to high-quality legal representation and work on a No Win No Fee basis – there are no hidden costs nor confusing small print. We make our money through a small percentage of the final fee and will ask for no payments for you at any time before the final award.

For more help, or to begin you claim, give us a call at Accident Line Direct, or you can fill out our contact form to get one of our specialist advisors to contact you at a convenient time.

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