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We will always find the best method of funding a case for your individual situation, having considered the available options. Broadly, there are 3 options available:
“No win no fee”, or a Conditional Fee Agreement (CFA) is an excellent method of funding a dental negligence claim. If you win the case, the Dental Negligence Team gets paid by your opponent, but there will be certain items which you will have to pay for, from the compensation which you recover. The vast majority of your compensation is “ring-fenced” from deductions, and will be guaranteed to be paid to you, but some items, such as the premium for the insurance which we need to take out on your behalf, and any Success Fee we charge, will ultimately be deducted from your damages. Very importantly, if you lose the case, you will be charged nothing. Most of our cases are funded this way nowadays.
Many people have Legal Expenses Insurance (LEI) as an add-on to Home and Contents Insurance, for example, or perhaps with their bank, or attached to some other insurance policy. Often the LEI will cover a medical or dental negligence claim. The Dental Negligence Team can assist you in applying to use this insurance to fund your claim. There is no cost to you.
Very occasionally, if your case does not obviously have good enough prospects for a CFA, and LEI and Legal Aid are unavailable, we will agree to do a preliminary investigation for you for at a fixed fee. If the investigation is positive, we will then enter into a “no win no fee” agreement (CFA) with you.
For many, attending their dentist is a traumatic experience. Unfortunately, the temporary discomfort of the drill is not always the end of it; cases of sub-standard dental treatment seem to be sharply on the rise. If you have doubts that your treatment has been appropriate or competent, consult the Dental Negligence Team, who are one of the most experienced and best respected teams of dental negligence lawyers in the UK.
The test is simply whether the treatment you have received is below the standard you should expect from a competent dentist. Obviously there are guidelines about what is best practice, when your dentist should be detecting problems, and the types of outcome from treatment you shouldn’t have to put up with.
Sadly there are a few very common examples. One of the most frequent that we see is of missed diagnosis of periodontal (gum) disease. If you have attended a dentist regularly over the years, and are suddenly told that you have severe gum disease which needs extensive treatment you are likely to have a successful claim, because the symptoms should have been acted on previously. Other common types of claim include poorly-fitting crowns or bridgework, and inaccurately performed root canal treatment.
Dental negligence compensation is awarded in two categories: firstly for your pain and suffering and loss of ability to do the things that you used to be able to do and secondly for any direct financial losses which you have suffered or will suffer in the future.
A claim for a missed diagnosis of periodontal (gum) disease, for example, will include a sum (typically a few thousand pounds) for pain and suffering, and often a much more significant sum (sometimes running into tens of thousands) for future treatment costs, as in the worst cases it might be necessary to claim for a full set of implants.
Compensation which the Clinical Negligence Team has obtained for clients in dental negligence claims ranges from £1,000 to £60,000.