Jaw – Injury Claim Worth_.

Based on the following sampling of case law, the range for general damages awarded for suffering from jaw injuries as a result of an accident is between $39,214 – $196,841 [adjusted for 2023 inflation rates]. The general damage award amounts for each individual case below have not been adjusted for inflation. For your convenience, the Bank of Canada Inflation Calculator can be accessed here.

As described in our General Damages Guide, these awards are only for general damages which compensate you for your pain and suffering. There are other types of damages that you may be entitled to claim, such as lost income and medical care costs, depending on the circumstances of your case. To assess the total value of your injury claim, try our Injury Claim Calculator or book a free consultation.

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The case law

McLean v. Parmar, 2015 ABQB 62

• The 29-year-old plaintiff was injured in a motor vehicle accident in which she suffered severe soft tissue injuries to her neck, shoulders, and back, Grade 2 whiplash, headaches, dizziness, TMJ disorder, PTSD, depression, a concussion, and chronic pain lasting about two and a half years. Her studies to become an accountant were delayed as a result of her injuries. She received $60,000 in general damages.

Olson v. Ironside, 2012 BCSC 546

• The 19-year-old plaintiff was rear ended in a motor vehicle collision in which she suffered grade 2 whiplash to her neck, upper back and lower back, headaches, nightmares, migraines triggered by light, smell, and sound, and a painful jaw disorder which resulted in permanent right temporomandibular joint dysfunction. Her psychological condition worsened over time, resulting in depression, PTSD, and panic attacks. She received $100,000 in general damages.

Mawdsley v. McCarthy’s Towing & Recovery Ltd., 2010 NSSC 168

• The plaintiff garbage truck operator suffered serious injuries when he was briefly trapped in between two adjacent garbage trucks as one was being towed away. He suffered crush injuries to his head and upper body, fractured jaw, severed facial nerve, rib fractures, facial and cranial lacerations, chest puncture, pneumothorax, and third degree shoulder separation. He required two jaw surgeries and was left with facial asymmetry, loss of feeling, and ongoing pain in his shoulder, neck, back, and jaw. He recovered most of his pre-accident function, but did have some mild ongoing cognitive deficits. He received $100,000 in general damages.

Clark v. Hebb, 2007 BCSC 883

• The 29-year-old plaintiff was injured in a motor vehicle accident and suffered a mild traumatic brain injury, dizziness, memory problems, soft tissue injuries disabling him from work as a warehouse worker for two years and jaw pain. His jaw pain, soft tissue pain, headaches, dizziness, irritability were all ongoing at the time of trial. He received $100,000 in general damages.

Carlson v. Lippa, 2007 ABQB 33

• The 20-year-old plaintiff was involved in a rear end motor vehicle collision resulting in whiplash and a jaw injury. She experienced pain in her upper and lower back, shoulder, arm and neck. Her jaw injury caused ongoing pain that continued up until the time of trial, 6 years after the collision occurred. She was deemed to have a 6% permanent disability because of her jaw impairment. She received $28,000 in general damages.

Grundy v. Boudreau, 2006 NSSC 223

• The 32-year-old plaintiff was injured in a rear end motor vehicle collision, resulting in a grade 2 whiplash injury, moderate soft tissue injuries to his neck and upper back, mild carpal tunnel syndrome, temporomandibular joint injury with pain and difficulty chewing. The court assessed the plaintiff’s general damages at $60,000, however, they were reduced to $45,000 due to the plaintiff’s failure to mitigate his damages.

Vaillancourt v. Molnar Estate, 2002 BCCA 685

• The plaintiff suffered a broken jaw in a motor vehicle accident. At the time of trial, 3 years after the injury occurred, she was still awaiting surgery. There was a possibility of long term chronic pain, but some hope for a full recovery in 2 years. She had permanent partial facial numbness. She received $125,000 in general damages.

Ross v. Isaacs, 2001 NBQB 234

• The plaintiff suffered a whiplash injury and aggravation of her TMJ disorder. The whiplash injury resolved by the time of trial, however, she had ongoing issues with her jaw. She required many treatments and an arthroscopic procedure. She received $60,000 in general damages ($12,000 for her whiplash and $48,000 for TMJ).