By Jo Greenwood. Last Updated 22nd December 2023. In this guide on teeth damage claims, you will find a full and detailed guide containing advice and information on the process of making a claim for your dental injuries.
There are different ways you could suffer damage to your teeth, while out in a public place, at work, on the roads or while at the dentist or in a medical setting. However, in order to have a valid teeth injury claim against a third party such as your employer, an occupier of a public space, another road user or a medical practitioner, you would need to prove that the duty of care they owed to you was breached and it was this negligent action that caused the injury to your teeth.
Within this guide, we will discuss when you could be eligible to make a tooth injury claim, as well as explain how compensation is calculated for successful cases. We will also share some of the benefits of claiming for your dental injuries with a No Win No Fee solicitor.
If you would like to speak to an advisor to ask questions about claiming damaged teeth compensation, then you can call Legal Expert on 0800 073 8804. As an alternative to calling us, you can also use our 24/7 live chat feature. Additionally, you can also see if you can claim online by filling out the form on our website.
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Teeth damage claims guide
What Counts As A Dental Accident?
If you have suffered damage to your teeth, you may be wondering whether you could claim compensation. For teeth damage claims to be considered valid, they need to meet the following criteria:
- Someone owed you a duty of care.
- This duty was breached.
- As a result of this breach, you suffered a dental injury, such as broken teeth.
There are various instances where you are owed a duty of care. Some examples of when you may be eligible to make a tooth injury claim include:
- Accidents at work – Your employer owes you a duty of care under the Health and Safety at Work etc. Act 1974. Per their duty, they must take reasonable steps to help ensure your health and safety while you are working.
- Road traffic accidents – All road users owe one another a duty of care. They must navigate the roads in a safe and responsible manner to avoid causing harm to others and themselves. Additionally, they must adhere to the Road Traffic Act 1988 and the rules and regulations set out for them within the Highway Code.
- Public place accidents – While using a public place, you are owed a duty of care by the party in control of that space, as set out by the Occupiers’ Liability Act 1957. Per their duty of care, they must take all the necessary steps to ensure your reasonable safety while you are using that public place for its intended purpose.
- Dental negligence – All medical professionals, including dentists, owe their patients a duty of care. Per their duty, they must provide you with the minimum standard of care when they are treating you. If they were to provide treatment that was below this standard, this could cause you to suffer harm that could have otherwise been avoided.
To see whether you may be eligible to make a teeth injury claim, you can contact one of our advisors. They can also answer any questions you may have about the dental injury claims process.
What Are Teeth Injuries And Teeth Damage?
Both the NHS and private practice dentists may deal with cases of injured teeth many times a year. Teeth injuries and damage could include:
- Cracked or broken tooth
- Chipped tooth
- Loss of one or more teeth
- Nerve damage in the mouth
According to the NHS Dental Statistics for England 2020-21, Biannual Report:
- 19.7 million adults were seen by an NHS dentist
- 3.6 million children were seen by an NHS dentist
- 2.8 million courses of treatment were delivered
Although these statistics don’t provide information on the nature of the visits or treatment, it gives an insight into the frequency with which people visit the dentist.
Making A Claim For Dental Compensation
As stated above, in order to have a valid claim, you must be able to prove that you were owed a duty of care and your suffering was directly caused by a breach of this. In this section we examine evidence that you could submit when making a claim for compensation.
Examples of potentially useful evidence in dental compensation claims includes:
- X-rays. These can show the damage to your teeth.
- Dental records. These may detail any treatment you had.
- Witness contact details. For example, if an accident caused your teeth damage, anyone who saw what happened could be contacted at a later date.
- These could be of the accident scene, or, if possible, of the damage to your teeth.
- This could be CCTV footage, mobile phone or dashcam videos.
If you need help gathering evidence, call our advisors for free legal advice. There are various factors that affect dental compensation amounts. However, our advisors are here to help. Additionally, if they think your claim has a chance of success, they could pass you to our No Win No Fee solicitors.
How Much Compensation Could I Receive For A Broken Tooth Injury Claim?
Time Limits For Teeth Damage Claims
If you are making a claim for damaged teeth caused by someone’s negligence, you’ll need to make sure you start your claim within the correct time limit. The Limitation Act 1980 states that you will have 3 years to start your claim from the date you suffered your injury.
However, if you suffered nerve damage in your teeth due to medical negligence, the three-year time limit might also begin from the date of knowledge. This is the date you first reasonably became aware that your injury was caused by medical negligence.
There are certain circumstances in which the time limit might be suspended. For example:
- A minor will have 3 years to start their claim from their 18th birthday. Before this point, the time limit is suspended.
- A claimant who lacks the mental capacity to start their own claim. In this case, the time limit is permanently suspended unless they regain the mental capacity to make a claim for themself.
In both instances, a court-appointed litigation friend could make a claim on behalf of a minor or someone who lacks the mental capacity to make their own claim. A litigation friend could be a parent, solicitor or sibling.
Get in touch with an advisor today to see whether you still have enough time to start your claim. Additionally, they could answer any questions you may have about claims being made for smashed teeth.
Compensation For Loss Of Teeth – Example Payouts
As explained above, the severity of your injury will influence how much you could be awarded in general damages in a successful damaged teeth claim.
To illustrate this, we have created a table of potential general damages payouts for damaged teeth and associated mouth injuries using the information listed in the Judicial College Guidelines. This publication includes figures calculated from past court cases to help legal professionals value claims.
This is not a like-for-like reflection of what you will be awarded in your claim and as explained above, is not necessarily the full amount of compensation in your loss of teeth claim – the figures in our table are merely to help give you an idea of injury valuations.
Please also note that the first entry of this table has not been taken from the JCG.
| Injury | Notes | Compensation |
|---|---|---|
| Multiple Serious Injuries With Special Damages | Compensation for multiple serious injuries and any special damages such as medical expenses for dental treatment. | Up to £100,000+ |
| Fractures of Jaws (i) | Multiple serious fractures resulting in permanent consequences, such as severe pain following prolonged treatment. | £30,490 to £45,540 |
| Fractures of Jaws (ii) | Serious fractures that make it difficult to open the mouth or eat. | £17,960 to £30,490 |
| Fractures of Jaws (iii) | Such as simple fractures that leave the jaw immobilised for the short-term. | £6,460 to £8,730 |
| Damage to Teeth | Chronic and significant tooth pain that lasts for a number of years. | Up to £38,130 |
| Damage to Teeth (i) | Serious damage or loss of a several front teeth. | £8,730 to £11,410 |
| Damage to Teeth (ii) | Damage or loss of any two front teeth. | £4,350 to £7,630 |
| Damage to Teeth (iii) | Damage or loss of a single front tooth. | £2,200 to £3,950 |
| Damage to Teeth (iv) | Damage or loss of back a tooth (per tooth). | £1,090 to £1,710 |
Teeth Broken In An Accident – Can I Claim Special Damages?
If you make a successful personal injury claim, your compensation settlement for a broken tooth could also include special damages. This head of claim compensates you for the monetary losses you have suffered due to having your teeth broken in an accident.
Some examples of the financial expenses and losses you could be compensated for under special damages include:
- Loss of earnings- if your broken tooth injury has caused you to take time off work, you could be compensated for your lost earnings.
- Travel costs- you may have incurred travel costs associated with your injuries, such as travel to dental appointments.
- Medical expenses- if you have had to pay for over-the-counter pain relief or prescriptions.
You will need to provide evidence of these losses in order to claim them back under special damages. Evidence could include bank statements, receipts and payslips, for example.
To learn more about making a personal injury claim for compensation for loss of teeth, you can contact our advisors. They will be able to provide further guidance specific to your case.
No Win No Fee Teeth Injury Compensation Claims
All of our specialist solicitors will pursue 100% of their personal injury claims on a No Win No Fee basis. This means that you will only be obligated to pay a success fee in the event that your case is successful, and you are awarded the compensation you deserve. The fee is taken in the form of a small, legally-capped percentage from your payout.
In the event your personal injury claim is unsuccessful, you will not need to pay your solicitor the success fee. Many see this method of pursuing a claim as very favourable when the alternative is to still be responsible for covering legal bills even in the event of an unsuccessful claim.
Get in touch today to get more advice on No Win No Fee claims for teeth damage. To reach us:
- You can call Legal Expert today on 0800 073 8804
- You can also use our online contact form
- Or you can message us on our 24/7 live chat service
Claim Broken Teeth Compensation With A No Win No Fee Solicitor
Additional Resources
Here are some additional guides by us:
- A case study of a claimant who received £40,000 in compensation for a wrong tooth extraction, and when you could make a dental negligence claim.
- Another case study where a claimant received £6,000 for broken teeth.
- A guide about when you could make a dental negligence claim if the dentist took the wrong tooth out and how much compensation you could be owed.
Further resources:
- General Dental Council (GDC) – The professional duty of candour.
- NHS – Chipped, broken or cracked tooth.
- Gov.UK – Statutory sick pay (SSP).
Contact our advisors if you have any additional questions regarding teeth damage claims.
