How long will my dental claim
take to resolve?
This depends upon
whether the Defendant admits or denies liability. It will take approximately a month to gather your medical records together,
and a further week to draft your letter of claim, which is then sent out to you for your approval, to ensure that all
of the details are correct.
The Defendant then has three months under the court rules to either admit liability
for you dental claim, or deny liability giving their reasons for doing so. It is after the expiry of this three month
time limit that we will know whether your dental claim is admitted or denied.
Dental claims which are admitted
at this stage can settle relatively quickly. If your claim is denied at this stage, then we must consider issuing court
proceedings, once all of the relevant medical evidence has been obtained.
How much compensation will
I get for my dental injuries?
We do not know the answer to this question until we have received your
medical report. Dental injures are difficult to work out, as each person is different, as is each case. We try
to treat each dental case individually. As a general rule of thumb, the longer you take to recover from any incident,
the higher any award for damages will be. We should however at a fairly early stage be able to advise you upon the amount
(quantum) of your claim.
Can I claim for other expenses incurred?
Yes, but
only expenses properly and reasonably incurred, and incurred due to the defendant’s negligence. Other common heads
of special damages are loss of earnings, traveling expenses, and future and past treatment costs.
Will
I have to attend for a medical examination?
This depends upon whether the defendant admits or denies
liability. It is fairly likely that you will have to attend a suitable expert for a medical examination, as your own
doctor or dentist will only be concerned in getting you better. For the purposes of your dental claim, we always instruct
an expert to provide a detailed medical report setting out your injuries and giving a prognosis for our recovery, and this
is how your compensation is valued by us. You own doctor or dentist will not be considered to be “independent”
for the purposes of your dental claim.
Will I have to go to Court?
Many people
look forward to going and having “their day” in court. If we have to issue proceedings, then there
are a number of procedural steps and a court timetable that we have to adhere to before any trial date is set. Most
cases settle outside of the court, and only a very small minority ever get to the trial stage.