Compensation for damage to your teeth


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By Crispin Bateman

on Monday 15 October 2018


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Can I claim compensation for my tooth problem?

If you have suffered from tooth damage or a dental problem that was not your fault, then you are entitled to claim for compensation.

Damage done to teeth can incur more than just physical pain, it can also cause considerable emotional distress, a loss of self-esteem which can lead to withdrawal from public life and depression and cause problems while eating. Dental injury can also lead to difficulties speaking and significantly impact your ability to work.

What circumstances allow for a broken tooth claim?

If your teeth have been broken by something that was not your fault, then you may be able to file for a compensation award.

Some situations which can lead to a broken tooth injury compensation include:

Accident at Work

If you had a tooth knocked out at work, then your employer may be liable for damages. While in the workplace, every employer has a duty of care to their staff. This duty of care includes making sure the environment is safe and that any activities are undertaken in safe conditions following appropriate training.

If your accident was due to a failure with your employer in maintaining a safe environment, then you will be able to claim fair compensation.

Ask yourself:

  • Was I following all prescribed safety training?

  • Was I behaving in a sensible manner?

  • Was I focussed on the job I was doing?

  • Was I properly alert and clear-headed, able to do the job?

If the answer to all those questions is ‘yes’, then it is likely the accident was not your fault.

Accident in a Public Place

If you have visited a public place, such as a pub or gym, then the owner of that location is the one with a duty of care to you to ensure you are able to partake in the activity safely. Other public places, such as pavements and parks, are owned by the local council who take on that duty of care.

If you have suffered an accident at a public place that was due to a lack of care by the people responsible, then you will be able to make a successful case.

If you had a fall that led to your tooth injury, think about:

  • Was the ground safe to walk upon?

  • Were any unsafe areas clearly marked?

  • Was the location free from obstruction, or the obstruction clearly marked?

  • Was the floor clean and dry? Had appropriate measures been taken if not?

It the answer to any of these questions is ‘no’, then there might have been a failure to uphold the duty of care and a valid claim can be made.

Assault

If you were in a fight or suffered from an assault which led to damage to your mouth and teeth, then you will be able to claim compensation from your attacker.

Any legal costs and compensation amounts will have to be paid to you by the attacker following a court decision. Many people worry that they will be left without that payment due to the responsible party not having the funds to pay. To mitigate this, a government body, the Criminal Injuries Compensation Authority (CICA), exists to make sure you receive the compensation you are due.

Car accident

Being involved in a car accident that was not your fault means you can claim compensation from the other party’s insurance. Many people would consider that if you have only suffered tooth damage from a car accident, that it is ‘getting off lightly’, but even that supposedly minor injury is considerably affecting, requires treatment and can be extremely painful.

If you have lost or broken any teeth due to a car accident, then you will be entitled to a financial settlement.

Can I claim for dental negligence?

If your dentist has misdiagnosed a tooth-related condition, or performed unprofessionally and given you a poor treatment, then you may be able to claim compensation for dental negligence.

It can be difficult to prove dental negligence as you must be able to show without doubt that your teeth damage was caused because your dentist didn’t work with the correct level of care. In the UK, the General Dental Council makes sure that all dental work is undertaken in a safe and professional manner and only if this guideline is breached will any claim against your dentist be valid.

The following is a list of situations that could be due to dental negligence:

  • Wrong tooth removed during extraction

  • Injury done during treatment

  • Failure to diagnose tooth decay or gum disease

  • Mishandling of root canal treatment

  • Injury to nerves

  • Failure to correctly inform you of any side effects or risks of any dental procedure

It is also problem for a situation caused by dental negligence to cause more substantial issues later or equally, for an existing condition to be made worse by a problem at the dentist. In cases of dental negligence, it is important to keep everything well documented. Often a diary describing any problems or pain daily can help detail the timeline and provide clarity in a case.

How much compensation will I get for dental negligence or other tooth injury?

The courts follow guidelines for compensation awards. They will take everything into account, from the pain and suffering that has been caused, to the emotional effect, loss of earnings and even the minutiae of associated car parking expenses.

The ‘damage to teeth’ compensation amounts guide is as follows:

Severity Compensation
Loss of or damage to back teeth: per tooth:£870 to £1,360
Loss of or serious damage to one front tooth£1,760 to £3,150
Loss of or serious damage to two front teeth£3,470 to £6,080
Loss of or serious damage to several front teeth£6,960 to £9,100
Significant, chronic tooth pain extending over a number of years in which the condition of the teeth deterioratesUp to £30,390

How do I start a claim for dental injury?

Call us! Here at Accident Line Direct we specialise in personal injury claims and have a team of expert professionals with years of experience getting the largest possible dental compensation amounts.

You can give us a call or fill in our contact form to have one of our advisors call you back at a time that’s convenient to you.

In that initial conversation, we will go through the basis of your claim and assess its chances of success. We will look at the age of the claim (personal injury compensation cases in the UK must be started within three years of the initial diagnosis of injury), the basic factors surrounding the injury, and learn some of your details to see if we are the right people to help. After that initial process by an assessor, your information will be passed to a specialist solicitor who deals with dental issues – they will contact you to further the process.

How much does it cost to us Accident Line Direct to make a claim?

Nothing!

We operate on a No Win No Fee basis, which means we make our money by taking a percentage of the final compensation award. Until that time, there are no fees, no hidden costs and no small print to worry about. When you win, so do we, and in the unlikely situation that the case is unsuccessful, we charge you nothing.

At Accident Line Direct, we believe that everyone has the right to professional legal representation and work on the No Win No Fee basis to facilitate that – no matter your financial background, we are here for you.

If you have had an accident that has led to tooth damage, or have suffered from dental malpractice, then give us a call today and, should you know someone who may be suffering from a tooth injury with no financial help, please do share our article with them so they can get the help they need.

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