Contributed by Brody Reid
If you're filing a lawsuit for dental injuries, there are some very specific values that will be used to determine how much you're going to get back. There are two main factors: the current value of your teeth, and the future value.
The current value is pretty easy to figure out. If you broke, chipped, or otherwise damaged your teeth in an accident - and you have a valid personal injury claim - how do you value your losses? The answer is that it depends on the extent of the damage. This can be difficult to determine because it requires knowledge of how much it would cost to repair or replace your teeth, as well as special skills with cosmetic dentistry to make them look just like the originals.
If you have missing teeth, the cost of those teeth must be added to the total damages, since that can affect your ability to eat and speak properly. Things like pain and suffering (which can be hard to quantify) are also part of the equation. If you lost consciousness during an accident, or if you were hospitalized or had to miss work while recovering from dental injuries, it could also affect how much your lawsuit is worth. Ask a richmond personal injury lawyer to learn more about this.
What is a Tooth Injury?
A tooth injury is a damage to one or more teeth. Brushing against a hard object can chip a tooth or even damage it. If a tooth is broken off at the gum line, it can require a root canal. Serious tooth injuries can also cause infection, which could mean pain and further medical bills. The cost of treatment varies depending on several factors, including where you live and whether your insurance covers dental work.
If you're suing someone for causing your tooth damage, you'd likely file a tort claim in civil court. In most states, this means filing suit in small claims court, although some states make an exception for cases involving personal injury.
Treatment Costs
In the case of dental injuries, the costs for repair and restoration are usually the largest portion of your compensation. Depending on how severe the damage is, treatment can range anywhere from $1,000 to $50,000 or even more. Other factors that affect these costs include:
- The age of the person who suffered the dental injury
- A child's teeth are more likely to require more expensive treatment than an adult's
- The extent of damage to each individual tooth
- The number of teeth damaged in the accident
- If a root canal is required
If you have had multiple teeth repaired or replaced, this would also increase your compensation package because such procedures are more complex and require more time and effort on the part of your dentist. Also keep in mind that if you've already paid for some of this treatment yourself and submitted an itemized statement for reimbursement, these costs will not be included in your claim settlement
Estimating Your Claim Value
Getting the right amount of money to compensate a person for their tooth damage depends on two main factors -- how bad the tooth damage is and how likely it is that the jury will find the defendant liable.
There are two main ways to value a personal injury claim. The first way is to determine what an insurance company would pay out if they were found liable. Insurance companies act as a kind of barometer for what juries might award in damages because insurance companies have information about other juries' award amounts and can see what verdicts are being handed down in similar cases. In addition, insurance companies have access to actuarial tables that can help predict things like the likelihood that a plaintiff will win the case or whether it's worth settling for less than the amount a jury might award in damages. This information allows them to make informed decisions about what it would cost them financially if they were found liable for damages, so you can use those numbers as estimates of what someone might be willing to pay as damages in order to settle out of court.
The extent of the plaintiff's damages.
This is a pretty easy one to understand. It has to do with how bad the tooth damage is -- the worse it is, the more money a jury might award for it. Injuries to other parts of the body can be calculated in terms of "permanent disability." That means the total estimated cost of all future medical care that might be necessary because of the injury.
Injury cases involving minor physical damage don't have much value on their own.
If someone gets into a car accident and suffers only minor injuries -- whiplash, say -- but isn't able to work because she spends all her time at doctors' appointments, that could increase the size of her case substantially.
How likely it is that the jury will find the defendant liable.
If a jury is likely to find that a defendant was at fault for causing the accident -- if, for example, it was speeding or was driving while intoxicated -- then it's also likely to find that the plaintiff deserves compensation for his or her injuries. If, on the other hand, they're not likely to find liability, then they may be reluctant to award damages at all. This also means that your lawyer may have a harder time negotiating with the insurance company if there's a strong likelihood of winning at trial.
Let a Richmond Personal Injury Lawyer Guide You In Filing Your Claims
In case you have been in an accident where your teeth have suffered, you should find the best way to get your claim value for tooth damage. As a result, it is good to work with a personal injury attorney so that you can understand how you can claim value for the tooth damage and make sure that you are not short-changed or overlooked. This blog discusses some of the key factors that one needs to be aware of when seeking compensation from the insurance company for tooth damages.
To find out more information on tooth damage and personal injury lawyer, contact Reid Goodwin Law Firm.
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Contributor Credits for Author Brody Reid
Brody Reid is an experienced and zealous trial attorney. Focusing on assisting injured individuals and their families during tough times, Brody has worked tirelessly to help individuals in his hometown in the years since law school. Throughout his career, Brody has successfully represented over a thousand clients in the areas of Workers’ Compensation, Personal Injury, and Civil Litigation through jury trials, bench trials, and administrative proceedings.