Maison Law represents injury victims in California, regardless of the type of accident. Unfortunately, there’s a wide range of potential accidents and injuries you could go through in your daily life. One of the most challenging is a TMJ injury, which involves your jaw joint. If you or a loved one have experienced one of these injuries, we can help. Contact us today for a free consultation.
Do You Even Need a Lawyer?
An injury to your temporomandibular joint (TMJ) is extremely painful. Worse yet, it can happen in any type of accident you find yourself in. That said, whether or not you need a lawyer depends on your circumstances. A minor accident or injury probably won’t require legal action, but the more serious your injuries, the more help you’ll need.
Our experienced California TMJ injury lawyers can guide you through the legal process by:
- Investigating what happened
- Helping you gather important evidence
- Explaining your options
- Negotiating with insurance companies
- Making the process easier on you
Our main goal is to make sure you have the support you need to get through the recovery process. With a TMJ injury, the legal process is going to be important to not only your physical recovery, but your financial recovery as well. The starting point of that process, though, happens in the moments right after the accident itself.
What You Need to Do After a TMJ Injury
One of the things that makes TMJ injuries so difficult is that they can happen instantly in an accident, which itself can happen at any time–often when you can least afford it. At the same time, it’s important to take a few actions to protect your health and legal options:
- Get medical help right away – This means don’t delay in getting yourself checked out by a doctor if you’ve been in an accident or suffered a TMJ injury. This should be done both at the accident scene and then further treatment at an emergency room or your doctor.
- Take pictures and gather details about the accident – After a TMJ accident, it’s helpful to take photos of the scene, any damage, and the extent of your injuries. Gathering details such as names, contact information, and insurance details of involved parties can also be crucial for your claim.
- Follow your treatment plan – Once you’ve sought medical help, it’s important to listen to what the doctor advises for your treatment. Whether it’s taking medication, attending physical therapy sessions, or following specific recovery instructions, following your doctor’s guidance can help you heal properly.
- Report the accident – It’s essential to inform police, emergency services, your employer and insurance companies about the accident and your injuries. This will make sure that any necessary paperwork or claims can be processed promptly, and you can receive any benefits or support.
- Keep records of everything related to the accident and injury – Keep track of all documents, receipts, medical records, and correspondence related to the accident and your TMJ injury. This documentation can be valuable evidence.
Remember, these actions will apply regardless of the circumstances of your particular accident. Still, this can be tough, especially if you have a TMJ and other serious injuries. Our team can help, but it’s also important to understand the actual legal process.
Liability and TMJ Injuries
When it comes to TMJ injuries, they can occur in virtually any type of accident. That said, the type of accident is going to go a long way in establishing liability for your injuries and damages. Most of the time, TMJ injuries result from:
- Car accidents
- Slip and falls
- Bicycle accidents
- Assaults
- Work accidents
- Dental malpractice or errors
In terms of liability, it’s the same as any other accident in that it rests on “negligence.” This means showing that someone had a:
- Duty of care to act in a reasonable way to keep you safe and free of injury.
Obviously, this depends on the circumstances and where the accident happens, but in most cases, the following could have some liability:
- Drivers
- Businesses or property owners
- Other bicyclists or motorcyclists
- Pedestrians
- Product or food manufacturers
- Dentists or hospitals
- Private individuals
- Employers
TMJ Injuries
As you can see, there’s a wide range of potential things that can leave you with a TMJ injury. Likewise, there’s various different types of TMJ injuries you could be facing:
- Temporomandibular Joint Dysfunction (TMD) – TMD happens when there’s problems with your jaw joint and the muscles around it. It can happen because your jaw isn’t lined up right, your muscles are too tense, or your joint is swollen.
- Dislocations – This happens when the round part of your jawbone moves out of its normal spot in your jaw joint, causing severe pain and making it hard to open your mouth.
- Subluxation – This is when your jawbone moves a bit out of its normal spot in your jaw joint, but not all the way. It can cause discomfort, weird sounds when you move your jaw, and make it tough to open your mouth.
- Fractures – Jawbone breaks or fractures happen during impact of an accident. You might need surgery to fix it, and if it’s not treated right, it could cause long-term problems with your jaw joint.
- Muscle strains – This happens when the muscles around your jaw get hurt or tired from being used too much. It can make your jaw hurt, feel stiff, and be hard to move.
- Damage to cartilage – This is when the cartilage in your jaw joint gets damaged, usually from an injury or just getting older. It can make your jaw hurt, swell up, and make it hard to move.
- Bruxism – This is when you grind or clench your teeth, usually without knowing it, which can make your jaw hurt and damage your teeth and jaw joint over time.
- Disc displacement – This is when the bone discs in your jaw joint move out of place, which can make your jaw pop, lock, or hurt when you move it.
Damages in a TMJ Injury Claim
Whenever there’s a TMJ injury, your legal options are the same as any other type of accident. Basically, you have the legal right to file an injury claim against the responsible parties. Usually, this happens either through an insurance claim or lawsuit. In a successful claim, you can potentially recover the following damages:
- Medical expenses and ongoing care costs
- Lost income or earning potential
- Loss of companionship or enjoyment of life
- Physical pain and suffering
- Emotional distress
- Punitive damages, in cases where the negligence was intentional or reckless
Understanding your rights and seeking appropriate damages can help you deal with the challenges of a TMJ injury. It’s important to respond effectively to protect your health and options. Remember, in California, you must file your claim within two years of the accident. Missing this deadline means you won’t be able to file a claim at all.
Frequently Asked Questions
Is a TMJ injury common?
A TMJ injury isn’t as common as injuries like cuts or bruises, but is actually common in certain types of accidents where your face and head are involved in the impact.
Can I still file a claim if my TMJ injury doesn’t present right away?
Yes, but remember there’s a two-year statute of limitations for injury claims in California. Most of the time, it starts from the date of the actual accident. You would have to show that your TMJ injury was related to the accident.
What can cause a TMJ injury?
Anything from direct impact to your jaw to simply getting older. In order to file an injury claim, you have to show that the injury was caused by someone’s negligence, though.
Support From Maison Law After a California TMJ Injury
Dealing with any accident is tough, but it’s especially challenging when you’re dealing with a TMJ injury. While these injuries are painful, you don’t have to face them alone. Working with our experienced California TMJ injury lawyers at Maison Law can give you the support you need to make it through the claims process. To get started, contact us today for a free consultation.
