Maximizing TMJ Car Accident Settlements: What You Need to Know for Legal Success

3d rendered illustration of a painful temporomandibular joint

TMJ car accident settlements refer to financial compensation for injuries to the temporomandibular joint during a motor vehicle accident. The TMJ is the hinge joint that connects the lower jaw, the mandible, to the skull’s temporal bone, located just in front of each ear. The joint allows the jaw to move up and down, side to side, and forward and backward, enabling essential functions like chewing, speaking, breathing, etc. 

When TMJ-related injuries occur, the muscles and connective tissue that controls the jaw become inflamed or irritated, which can cause pain, stiffness, and limited mobility in the affected area. If damaged, the range of motion of the jaw is reduced, and the movement of the mouth is restricted, making it difficult to eat, swallow, and breathe, as well as severe headaches, earaches, and even a persistent sore throat, among other complications. Settlements typically cover medical expenses, rehabilitation, pain and suffering, lost wages, and long-term care if necessary. The settlement amount depends on the injury’s severity, the impact on quality of life, and the liability determined in the accident.

TMJ Injuries and Car Accidents

Damage or injuries to the TMJ are frequent in car accidents due to the sudden and forceful impact resulting from the collision. Direct trauma to the face or jaw from hitting the steering wheel, dashboard, or airbag can cause the jaw to jolt or clench unnaturally on impact, injuring the TMJ. This can result in pain, stiffness, clicking sounds when opening or closing the mouth, and difficulty chewing.  

Injuries to the TMJ are exceptionally common in rear-end collisions. The sudden impact that can lead to whiplash can also place immense pressure on the jaw joint and also damage the TMJ. The abrupt head snap and rapid motion that strain or tear muscles, ligaments, and other soft tissues in the neck can do the same to the jaw. A study published in the Journal of the American Dental Association (JADA) found a link between the two injuries, with nearly a third of all people who suffered whiplash in a car accident also developing TMJ pain and dysfunction within a year after the accident.

What to Do

Prompt treatment for TMJ after a car accident is key to a successful recovery. The sooner a person receives proper diagnostic tests and medical treatment after a car accident, the better their chances of achieving a successful recovery and preventing long-term damage to the TMJ. Those suffering a TMJ injury should undergo diagnostic imaging and obtain a proper diagnosis. Only with a clear understanding of the underlying cause of your symptoms can a doctor, dentist, or ear, nose, and throat specialist develop a personalized treatment plan and make necessary referrals for further care.

Seeking medical attention after a car accident also documents your condition. This can help prevent potential insurance disputes and support future claims should they deny coverage for ongoing treatment. By getting medical records, such as those from an emergency room or a primary care physician, as soon as possible, you can establish a clear connection between the accident and your TMJ injury, making it easier to navigate insurance claims and avoid future billing issues. 

How To Maximize Your TMJ Settlement

Receiving the compensation you deserve for TMJ injuries sustained in a car accident is often contested by insurance companies. Arguing that the severity of the injury and pain cannot be objectively assessed, insurance adjusters frequently try to downplay the impact of the injury, especially after the medical bills start coming in. 

If you’re struggling with the insurance company about your TMJ claim, it may be time to visit an experienced personal injury lawyer. An experienced lawyer can significantly maximize a settlement for TMJ injuries, whiplash, or other injuries from a car accident by providing expert legal guidance and negotiation skills. An attorney will gather crucial evidence, such as medical records, accident reports, and expert testimony, to demonstrate the full extent of your injuries and how those injuries have impacted your daily life. They will also ensure that all damages are accounted for, including medical bills, lost wages, pain and suffering, and future treatment costs. 

An experienced personal injury lawyer also knows what compensation you deserve and will negotiate aggressively with insurance companies, trying to minimize payouts. What’s more, the insurance company lawyers know that, if necessary, your lawyer will take the case to court to secure the settlement you deserve. 

If you have suffered injuries to your TMJ in a car accident and the insurance company is stalling or has denied your claim, contact the law offices of Hardy, Wolf & Downing for a free consultation. One of Maine’s leading personal injury lawyers will sit down with you and discuss your case. By leveraging experience and the law, we will help you effectively present your case and navigate the settlement process to ensure you receive the compensation you deserve.

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