Accidents can cause a number of different injuries, including tooth damage. Although this kind of injury might seem minor, it can affect your overall quality of life significantly. When the accident was the result of another person's negligence, the victim can take legal action to secure compensation for their damages.
In many cases, claimants want to know what the average settlement for tooth damage in Texas is. This article has been written to provide answers.
How Does Tooth Injury Occur?
The truth is that there are a number of reasons why tooth damage may occur in a personal injury case.
Injury to the Jaw and Head During an Accident
In many cases, victims hit their jaws against the steering wheel during a car accident or fall on their faces during a slip-and-fall accident. When this happens, injured parties can pursue damages for medical bills, lost wages, and more from the property owner, at-fault driver, or another party.
Dental Malpractice
However, there is another reason why such injuries occur. Tooth injuries can be the result of dental malpractice. When a person visits the dentist, they often expect to receive treatment that is in their best interest.
Sadly, in some dental malpractice cases, dentists misdiagnose patients or do not conduct tooth-related procedures correctly, which can result in tooth damage, pain and suffering, and additional medical treatment to address the problem.
Moreover, the incorrect administration of anesthesia or conducting certain surgical procedures without the express consent of the patient could also be grounds for dental malpractice claims.
Understanding Texas' Modified Comparative Fault System
Texas uses a modified comparative fault rule where personal injury disputes are involved. This means that the wounded party is still entitled to recompense for their damages even if they were partly to blame for the accident, provided their fault is less than 51 percent.
Nevertheless, the total settlement amount they receive might be decreased in proportion to the degree of fault.
When tooth damage is caused by an accident, whether it is a car accident, a workplace occurrence, or something else, establishing liability is an important step in pursuing compensation.
If the other party proves to be at fault, the person who was hurt may be entitled to a settlement to cover medical bills, pain and suffering, and other associated damages.
The Average and Median Settlement Amounts for Personal Injury Lawsuits in Texas
According to Jury Verdict Research, the average settlement awarded in a case involving personal injuries in the state of Texas is $826,892. However, Texas is a prime example of the disparity between average and median settlements, as the median amount awarded is only $12,281.
It's important to remember that there is a gap in these two figures because some settlements are a lot higher than others, and they move the average value up. In a case against Phillips Petroleum Co., for example, the surviving family member of a deceased worker received $118 million.
When knowing what to expect, it's important that victims understand that each case is different, and just because one claimant was awarded such a high amount, it doesn't mean that all will get a similar settlement.
Settlement amounts vary greatly from one case to another and depend largely on the specifics of each case, so it's best for claimants to talk to a reliable personal injury lawyer for expert advice and a more realistic idea of what to expect. They can also provide insight on how to avoid rollover accidents in Texas.
A Closer Look at the Factors That Influence Tooth Damage Settlements
As we have just seen, settlement amounts depend on the specifics of each case. The following factors typically have a bearing on the settlement that is awarded:
The Nature of the Injury
The degree of tooth damage is an important consideration in determining settlement amounts. A tiny fracture or crack in the tooth may not justify the same level of compensation as a major break or tooth loss. Medical data and opinions from specialists are vital in determining the nature and extent of the injury.
Medical Expenses
As with any other kind of personal injury claim, the medical costs associated with addressing the tooth injury also determine the amount that a victim can claim. Treatment might include dental procedures, surgeries, and ongoing care, which can put a significant burden on the sufferer.
Therefore, the injured party has a right to compensation for such expenses, and detailed proof of all medical costs is critical during the settlement process.
Lost Wages and Future Earnings
If the tooth injury causes the person who was injured to miss work, he or she might be eligible for compensation for lost income. Furthermore, if the accident impairs the person's ability to work in the future, the settlement can also include compensation for future lost income or lost earning capacity.
Pain and Suffering
In addition to the compensation for medical costs and lost wages, victims are also able to add pain and suffering damages to their claims in personal injury cases.
Texas law provides for compensation for bodily pain, mental suffering, and the effect of the accident on the person's quality of life. The extent of the person's suffering can increase the personal injury claim value.
The Importance of Hiring a Personal Injury Attorney in Dental Malpractice Cases
When determining what they can expect from a dental malpractice settlement, victims can turn to a reliable Dallas personal injury attorney for expert advice. Lawyers are well-acquainted with medical malpractice claims and can help victims navigate the ins and outs of such cases.
At the initial consultation, a legal representative will help the victim determine whether they have a valid personal injury claim and how much they can expect in a personal injury settlement. They will also help the claimant gather evidence and prepare a compelling case that secures a favorable outcome. They can also help with questions like What if I'm partially at fault for my injury in Texas?
Schuerger Shunnarah Trial Attorneys Are Here to Help Victims with Their Personal Injury Claim
Medical malpractice cases can seem a little scary. After all, dentists often have strong legal teams ready to defend their client's actions. However, holding a medical practitioner, at-fault driver, property owner, or employer liable for the damages their poor conduct caused is essential, as it can help to prevent this from recurring.
Regardless of the reason for the tooth injury, it's important for claimants to work with a reliable and trustworthy personal injury lawyer who is well-versed in personal injury law and has a good track record of securing a favorable outcome.
Scheurger Shunnarah Trial Attorneys has many years of experience and is here to help victims with their personal injury claims.