Teeth Damage Compensation Claims

If you have been affected by a teeth damage injury we can help.

The purpose of this guide is to help anyone who has suffered a teeth damage injury and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming teeth damage compensation:

Introduction

While there are no official figures on how many people damage their teeth each year in the UK, it is estimated that hundreds of thousands of people lose teeth or have them chipped, broken, fractured or pushed out of place as a result of an accident or dental negligence.

Anyone who has suffered teeth damage as a result of an accident or substandard dental treatment may be eligible to make a compensation claim.

Do I have a teeth damage claim?

You should be eligible to make a teeth damage injury claim if your injury occurred:

  • in the last three years, and;
  • someone else was at fault, and;
  • that person owed you a duty of care.
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Claim eligibility - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start a teeth damage claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if the other party denies liability?

If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your teeth damage. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.

Claiming for teeth damage after an accident

Who is liable? for teeth damage depends on the nature of the accident and the circumstances in which the accident occurred. For example, if a tooth is chipped by flying debris from a work machine, then a claim may be brought against the employer. If teeth are lost in a school playground, then the defendant may be the local education authority.

The injury lawyer must prove that:

  • The defendant can be held legally accountable for the accident; and
  • The teeth damage resulted from the accident.

It may not be clear who is responsible for the accident. In that scenario, a claim for compensation may usually still be brought and your solicitor will gather evidence relating to the accident to establish the liable party.

Dental negligence

Dentists must perform dental treatment in a safe and professional manner, in keeping with the "Standards for Dental Professionals" issued by the General Dental Council. Where dentists deliver substandard care, a claim for compensation may be brought.

Dental negligence may lead to a number of diseases of the tooth, including abscesses, tooth erosion, periodontitis and impacted wisdom teeth. More serious injury, such as permanent nerve damage, is less common but can result in facial disfigurement for those affected.

Like other personal injury claims, the compensation amount is dependant on the extent of the injury. It does not matter who caused the accident or how the dental damage occurred.

As an initial step, the injury lawyer will instruct a dental expert to perform an independent dental examination. The dentist will compile a report describing the exact nature of the injuries, with a prognosis for recovery and recommendations for corrective treatment. The dental report will form the basis for any compensation claim.

Common examples of negligent treatment:

  • Failing to diagnose or treat tooth decay or gum disease
  • Wrongful removal of teeth
  • Surgical error, such as the mishandling of an extraction or root canal treatment
  • Injury involving crowns, implants or veneers
  • Tooth whitening claims
  • Damage to facial nerves or jaw during a dental procedure
  • Injuries associated with the use of dental anaesthesia
  • Failing to warn patients of the risks involved in dental treatment.

How much compensation can I claim for teeth damage?

The amount of money you could claim for your teeth damage will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your teeth damage has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after a teeth damage? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

Teeth damage compensation amounts

The following teeth damage payouts refer to the Guidelines for the Assessment of General Damages in Personal Injury Cases, Fourteenth Edition by the Judicial College.

These tables are used by solicitors or by the courts as a starting point when calculating your compensation.

Example Amount
Teeth damage
£870 to £1,360
£1,760 to £3,150
£3,470 to £6,080
£6,960 to £9,100

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious facial injury can be £24,000

For a less severe scarring, in isolation, you would typically receive £3,500.

However, if you have a serious facial injury and a less severe scarring, you would typically receive £24,000 + a reduced percentage of £3,500.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for a teeth damage claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following a teeth damage will depend entirely on your specific circumstances.

Your teeth damage compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

See the injury table above for some examples.

Should I set up a personal injury trust?

If you are receiving means-tested benefits and are awarded compensation following a teeth damage injury, your benefits could be affected. In order to ring fence your compensation and protecting your benefits, you may be able to set up a "Personal Injury Trust" or "PI Trust". Read more: Should I set up a personal injury trust?

Teeth damage compensation

Calculating how much compensation you can claim for a teeth damage injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your teeth damage claim could be worth now:

Calculate compensation

How long does a teeth damage claim take?

How long it can take to get compensation for teeth damage can vary considerably.

For example, a straightforward liability accepted injury claim could be settled in a couple of months. However, if liability is denied the process might take longer. Typically, an injury claim takes between 4 and 9 months. Read more: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your teeth damage claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

No win, no fee

No win, no fee takes all of the risk out of making a teeth damage claim. If you don't win any compensation, you won't have to pay your solicitor any legal fees.

Our no win, no fee guarantee

Our no win, no fee guarantee means there is absolutely no financial risk in making a teeth damage claim, even if you don't win your claim. Read more about making a No win, no fee claim

What do I pay if I win my teeth damage claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, once your claim is settled. The solicitor's success fee can be up to 25%. Your solicitor will agree a success fee with you before you start your claim.

What do I pay if I do not win my teeth damage claim?

If your teeth damage claim is not successful then you do not have to pay any legal fees whatsoever. Your solicitor may take out insurance to ensure there will be nothing to pay.

Is there a catch?

The Conditional Fee Agreement (CFA) sets out the terms between you and your solicitor., No Win No Fee is a regulated activity and as such there should be no nasty surprises in the agreement. Nevertheless, it is recommended that you read the agreement carefully and ask any questions if you are unsure.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Teeth damage FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make a teeth damage claim?

In general, you have a time limit of up to 3 years from the date of the teeth damage to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your teeth damage claim becomes 'statute barred'.

Can I claim for a teeth damage after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim teeth damage compensation.

In reality, there are a number of factors that can affect whether a teeth damage claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert