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.