Dental Law Claims

Your compensation for substandard dental treatment in your dental claim is often referred to as damages,  Damages in a dental claim are broken down into two separate heads known as general damages, and special damages:

 

General Damages

General damages in a dental claim would include an award for your pain and suffering and loss of amenity due to the negligent dental treatment.  This figure is calculated by comparing previous awards made by the courts and using them as guidance in your particular case.   A helpful guide published by the Government, is called the “Judicial College Guidelines upon the Assessment of General Damages In Personal Injury Cases”, which gives guidance upon awards for loss and damage to particular parts of the body, including teeth.  

 

How much is my dental claim worth?

Dental injury claims come under the remit of "facial injures" in the guidelines.

Depending upon the nature and severity of the dental injury, a fracture of a jaw is worth between £7320 to £38,060

Damage to teeth from dental negligence varies depending upon the nature and severity of the dental injury as follows:

 

• Loss of a single back tooth is worth between £910 to £1430

• Loss of single front tooth is worth between £1840 to £3300

• Loss of two front teeth is worth between £3630 to £6380

• Loss of several front teeth is worth between £7320 to £954

     (Judicial College  Guidelines 13th Edition)

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In gum disease claims or periodontal claims, the claim is worth in the region of up to £31,900 and this is based upon a course of treatment as a result of the initial dental injury and the amounts awarded will vary according to the extent and the degree of discomfort of such treatment.  Any difficulty with eating may increase the award of damages.  The damages awarded may also overlap with fractures of the jaw and any damages awarded may be greater where the dental negligence has been caused by protracted dental treatment together with significant deterioration of the teeth.

 

Special Damages

 

Special damages are often referred to as your “out of pocket” expenses, and would include the following:

 

• -Future treatment costs of any remedial dental treatment attributable to the dental negligence

• -Prescription/medicine costs attribultabel to the dental negligence

• -Loss of earnings attributable to the dental negligence

• -Travelling expenses attributable to the dental negligence

 

This list is an example only, and is not exhaustive.

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Contact me for further free advice on your dental claim.

 

Q: Will you take any of my damages that I receive for my dental claim as payment of your costs?

A: Yes.  Just like every other solicitor, I will take 25% of your damages as costs although I am happy to negotiate this percentage.

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Why? On 1st April 2013 the new requirements which apply to conditional fee agreements (“CFAs) came into force. Where the CFA and/or ATE policy was signed on or after that date, with a few exceptions, success fees and after event insurance premiums (“ATE”) will now be paid by the client, not the defendant.