Can You Sue If Your Injury Requires Major Dental Work?
A potential client asked recently, “Can I sue if I need major dental work because of my injury?”
This is a very good question. Reparative dental work such as crowns or dental implants can be quite expensive, not to mention painful. However, when it comes to personal injury claims, people are more familiar with medical expenses for whiplash, broken bones and head injuries; thinking less about what happens if someone suffers damage to their teeth or gums.
Generally speaking, it’s not the type of injury itself that defines whether you have a strong personal injury case. Rather, the circumstances of your accident determine the strength or weakness of your claim.
What Caused Your Injury?
If you break a tooth, or suffer any injury, the first question to ask is what caused the injury. Did someone’s careless, reckless or negligent action (or lack of action) cause you to break a tooth?
If a faulty product, unsafe premises, or car accident were to blame for the injury that your dentist has to repair, you may have a strong claim for compensation.
Was Your Injury Preventable?
If your accident was preventable, who failed to prevent the conditions that led to your injury? Unsafe premises or products injure people every day. The law protects victims of broken teeth in the same way it protects those who break a bone or suffer any other type of injury.
Assumption of Risk
If you require dental work because of an injury you suffer while engaging in dangerous activities, including sports, you may not have a strong case. The law assumes that you know the risks attached to certain activities and behaviors. Unless you can demonstrate that you require dental work because of someone else’s negligence or malicious intent, you may not be eligible to collect compensation.