General Damages in Atlantic Canada
General Damages for Dental and Jaw Injuries
General damages for dental and jaw injuries compensate a permanent loss that most claimants underestimate. An adult tooth does not grow back, and the implant or bridge that replaces it will need replacing again within the claimant’s lifetime. Courts assess the pain of the original injury, the treatment that followed and the lifelong maintenance that follows the treatment.
Lost Adult Teeth Are a Permanent Injury
Replacement is a repair, not a restoration. An implant requires bone to anchor to, and where the jaw bone was damaged the claimant faces grafting before the implant can be placed. Bridges and dentures alter how the claimant eats and speaks. Courts have compensated the embarrassment of a visible gap during the months of temporary work, the repeated dental appointments, the altered bite and the knowledge that the replacement will fail and be done again. Front teeth are treated more seriously than molars because the loss is visible in every conversation.
Temporomandibular Joint Dysfunction After a Collision
Jaw joint pain, clicking, restricted opening and pain on chewing are common after facial impact and after whiplash mechanisms without direct contact. TMJ dysfunction is diagnosed clinically and by imaging, and it is one of the injuries defence experts most often attribute to a pre existing condition. A dentist or oral surgeon who examined the claimant before the collision is the strongest answer to that argument. Where the dysfunction persists, the claimant is compensated for daily pain during an activity nobody can avoid.
General Damages for Dental and Jaw Injuries Reflect the Daily Intrusion
Eating and speaking happen all day, so a jaw injury intrudes far more often than an injury to a limb. Courts look at whether the claimant has had to give up foods, whether the pain interferes with sleep through nocturnal clenching, and whether the injury changed the shape of the face. A fractured mandible fixed with plates carries the surgical component covered in the fractures chapter, and facial scarring is assessed alongside it.
Proving the Dental Claim
The dental chart from before the incident is the foundation, because it shows exactly which teeth were sound. A treatment plan from the treating dentist, with the expected replacement interval for implants and crowns, supports both the general damages claim and the future care claim. Take photographs during the temporary stage. Jaw and dental injuries are frequent in assaults and in cycling collisions, and the firm handles those bicycle accident claims across Atlantic Canada with no fee unless the claim resolves. Reported awards vary with the number of teeth and the permanence of the jaw involvement, and the decisions are published on CanLII. The guide’s opening chapter sets out the series.
