If a dental procedure in Illinois caused tongue numbness, nerve pain, or loss of taste, you may have a dental malpractice claim against the dentist responsible. Lingual nerve injuries are serious — and in many cases, permanent. Illinois law allows injured patients to recover full compensation for their losses, with no statutory cap on damages. The Higgins Firm represents lingual nerve injury victims across all of Illinois, from Chicago and the suburbs to Springfield, Rockford, Peoria, and every community in between.
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The lingual nerve is a branch of the trigeminal nerve responsible for sensation in the front two-thirds of the tongue, including the ability to feel touch, temperature, and taste. It runs through the lower jaw in close proximity to the roots of the lower wisdom teeth, the pathways used for dental implant placement, and the injection sites for inferior alveolar nerve blocks — the most common form of lower jaw anesthesia. This anatomical proximity makes the lingual nerve vulnerable during several routine dental procedures, particularly when performed without adequate imaging, improper technique, or excessive force.
Symptoms of a lingual nerve injury include persistent numbness or a “dead” feeling on one side of the tongue, tingling or pins-and-needles sensations, burning or sharp neuropathic pain, loss or alteration of taste on part of the tongue, slurred speech or difficulty forming certain sounds, and difficulty swallowing or controlling saliva. These symptoms may develop immediately after the procedure or over several hours or days. Symptoms that fail to improve within a few weeks after a dental procedure should be evaluated by a neurologist or oral surgeon and reviewed by a dental malpractice attorney.
Lower wisdom tooth extractions are the leading cause of lingual nerve injuries across Illinois. The lower third molars sit directly adjacent to the lingual nerve, and poor surgical technique, failure to use cone beam CT imaging before surgery, or excessive retraction force can result in nerve laceration, bruising, or permanent damage. Dental implant placement in the lower jaw poses a similar risk when performed without comprehensive pre-surgical imaging to precisely locate the nerve.
Inferior alveolar nerve block injections — delivered in proximity to the lingual nerve — can directly injure the nerve if the angle or force of the injection is incorrect. Root canal procedures on lower molar teeth can cause chemical or mechanical nerve injury when sealant material is overfilled or instruments extend beyond the root apex. In each scenario, the critical question is whether the dentist deviated from the standard of care expected of a reasonably competent dental professional — and whether that deviation caused your injury.
Illinois law imposes both a statute of limitations and a statute of repose on dental malpractice claims, and understanding the interaction between these two deadlines is critical for injured patients. The statute of limitations under 735 ILCS 5/13-212 is two years from the date you knew or reasonably should have known of the injury and its negligent cause. The statute of repose, however, is four years from the date of the negligent dental act — regardless of when you discovered the injury. This means that even if you only recently learned your symptoms are permanent and caused by negligence, you may be barred from filing if more than four years have passed since the procedure.
The four-year repose deadline creates a particularly dangerous situation for lingual nerve injury patients who have spent years being told by their dentist that symptoms will resolve. By the time they realize the damage is permanent, the repose window may be approaching or already closed. If your procedure occurred within the last four years, contact The Higgins Firm immediately to find out whether you still have time to file.
Illinois also requires that plaintiffs file an affidavit of merit under 735 ILCS 5/2-622, which is a sworn statement from a qualified health professional confirming that the claim has merit based on a review of the relevant records. This affidavit must be filed with the complaint or within 90 days of filing. The Higgins Firm works with qualified dental and medical experts to prepare this affidavit and ensure your claim satisfies all Illinois procedural requirements.
In 2010, the Illinois Supreme Court struck down the state legislature’s statutory cap on malpractice damages in Lebron v. Gottlieb Memorial Hospital, ruling it unconstitutional as a violation of the separation of powers. As a result, Illinois dental malpractice victims can pursue full, uncapped compensation for all losses — both economic and non-economic — without any statutory limit on recovery.
This is a significant advantage for Illinois lingual nerve injury patients with serious or permanent injuries. Economic damages include all past and future medical expenses related to the injury, lost income, and any reduction in future earning capacity caused by the nerve damage. Non-economic damages — including pain and suffering, emotional distress, and loss of enjoyment of life — are fully recoverable without limitation. For patients who can no longer taste, speak clearly, or live free from chronic nerve pain, these non-economic damages can form a substantial portion of the total recovery.
Illinois applies a modified comparative fault rule under 735 ILCS 5/2-1116. You may recover damages as long as you are found to be less than 51 percent at fault for your own injury. Your recovery is reduced proportionally by your percentage of fault. In most lingual nerve injury cases arising from dental procedures, patients bear little to no comparative fault for the dentist’s error in technique, judgment, or failure to use appropriate imaging.
Acting promptly after a lingual nerve injury is essential given Illinois’s deadlines — particularly the four-year statute of repose, which creates a hard cutoff that cannot be extended regardless of circumstances. If you suspect a lingual nerve injury following a dental procedure, see a neurologist or oral and maxillofacial surgeon as soon as possible to obtain an independent evaluation of the damage. Request your complete dental records in writing — including X-rays, cone beam CT scans, procedure notes, consent forms, and billing records — before any records are lost, altered, or destroyed.
Keep a daily journal of your symptoms and their effect on your ability to eat, taste, speak, and work. Do not allow the same dentist who performed the original procedure to attempt to repair the nerve injury. Do not give recorded statements to the dentist’s insurance company, and do not sign any releases or accept any settlement offers without first consulting an attorney. The Higgins Firm offers free initial consultations, and we will give you an honest assessment of your case and your remaining time to file.
The Higgins Firm represents lingual nerve injury clients throughout all of Illinois, including Chicago, Springfield, Rockford, Peoria, Aurora, Joliet, Naperville, and all surrounding communities. We offer consultations by phone or video, handle all case management and filings on your behalf, and work with Illinois-licensed co-counsel as required by state bar rules.
There is no cost to you unless we win your case. We advance all costs of litigation — expert fees, court costs, and record retrieval — and collect nothing unless your case is successfully resolved. Contact The Higgins Firm today for a free evaluation of your Illinois lingual nerve injury claim.
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