Making a dental negligence claim
Visiting the dentist is a stressful and difficult experience for many people. But if you are the victim of dental negligence, it can be even more distressing.
Dental negligence is when a dental health professional fails to provide the right care, often resulting in a worsening condition or an injury. If this has happened to you, you could be able to make a dental negligence claim for compensation.
Our solicitors will work to get you the compensation you’re entitled to after the preventable and unnecessary pain and suffering you’ve experienced.
Can I sue my dentist?
If your dentist has caused you harm, you can claim against them. Who pays the compensation for a successful claim will depend on whether they work for the NHS or in private practice.
- NHS dental claims
You can make a claim against an NHS dentist for the pain and suffering they have caused you. Your claim will be handled by NHS Resolution, a separate organisation that deals with all claims against the health service.
- Private dental claims
If your private dentist was negligent in their care, you could make a claim against them. Private dentists have their own liability insurance, which will cover any claims made against them.
It may take slightly longer to conclude a private dentist claim, but your solicitor will let you know how long they expect the case to take.
How long do I have to make a claim?
In most cases, you’ll have three years to make a claim for compensation after suffering from dental negligence. Although this sounds like a long time, it’s always a good idea to start your dental claim as soon as possible.
This is because you can find it easier to recall the specific details of what happened when you begin a claim quickly. This is also usually true for anyone else involved. It can also be more straightforward to get hold of the necessary evidence the sooner you start your claim.
But there are some exceptions to the three-year rule. For example, a child will be able to make a claim at any point up until their 21st birthday.
Meanwhile, if you are claiming on behalf of someone who lacks the mental capacity to claim for themselves, you won’t face a deadline unless they regain capacity.
How much compensation will I receive?
Every experience of dental negligence is different. That means that every successful claim will result in a different amount of compensation awarded.
If you are claiming against an NHS dentist, your compensation claim will be handled by NHS Resolution. This means your compensation won't come out of the NHS's budget.
To talk to our friendly and understanding claims advisors about your situation, just give us a call or start your claim online.
Or for a rough idea of what you might be entitled to for certain tooth injuries, try our compensation calculator.
How can I fund a dental negligence claim?
In most cases of dental negligence – whether NHS or private – you’ll be able to make a No Win No Fee compensation claim.
This means that there is nothing to pay upfront – meaning that you can focus on your recovery and putting together a strong case rather than thinking about how you can fund your claim.
No Win No Fee agreements also mean that if your claim isn’t successful, you won’t have to pay any legal fees. It’s risk-free and means you don’t have to worry about the financial impact of taking legal action. It makes getting justice accessible to everyone.
Only pay a fee if you receive compensation
Our No Win No Fee solicitors will take a success fee from the compensation you are awarded for a successful claim in the form of a percentage of your damages. This could be up to 25% but it won't be more than that, except in cases of road traffic accidents. Changing laws mean our solicitors will now take a payment of 30% of the final compensation amount plus VAT for all road traffic accident claims.
First4Lawyers are an award-winning claims management company with a track record of delivering service that our clients love.
Why should I make a dental negligence claim?
If you’ve been the victim of a dentist making a preventable mistake, you are entitled to claim compensation to get you back to the position you were in before it happened.
Dental negligence is usually a painful experience. This isn’t something you just have to accept. If your life has been affected by what’s happened to you – like having to take time off work to try to sort the problem out – then you are entitled to compensation for the suffering you’ve experienced.
By making a claim, you may also be able to get the treatment you need to get your teeth back into good shape. Your solicitor could arrange for the appropriate care to be provided.
How long will my claim take?
As there are so many ways your teeth may have been damaged or affected by your experience of dental negligence, there is no specific length of time for a claim to take.
If your case is more complex, it could take longer to resolve. The more straightforward cases of dental negligence are typically settled sooner – often within a few months.
As part of a dental negligence claim, your solicitor will usually arrange for you to see a professional for an assessment. They will asses your injury, how severe it is and what your likely recovery time will be.
This will then form part of your evidence – along with your dental records and witness statements.
Your solicitor will then present the evidence to the insurer of the dentist responsible for your injury or illness. They will then either accept or deny liability. If they accept the responsibility, your solicitor will then negotiate with them to reach the appropriate level of compensation.
If they deny liability, though, your case could take longer to settle as your solicitor will work to try to get them to accept responsibility.
How can First4Lawyers help?
The First4Lawyers team knows that you’re going through a difficult time. Our claims advisors will do all they can to make the process of putting it right less stressful for you.
We are dedicated to helping people like you, who have been let down by the medical professionals that should have helped them.
Our top medical negligence solicitors will work hard to put together the strongest possible case for you. They share our dedication to helping right the wrongs you’ve experienced.
If you want to find out more about how we can help guide you through the process of making a dental negligence claim, just give us a call, request a call back or start your claim online.
We’re here for you.