No Win No Fee Dental Negligence Claims – Can You Claim Compensation Without Financial Risk?
If you have suffered because of poor dental treatment, you may be wondering whether you can pursue a claim without worrying about expensive legal fees. The good news is that most dental negligence claims can be pursued on a No Win No Fee basis, allowing you to seek justice without paying legal fees upfront.
We understand that many people are hesitant to make a claim because they fear the cost. That is why, where appropriate, we offer No Win No Fee dental negligence claims, enabling clients to concentrate on their recovery whilst we deal with the legal process.
What Is a No Win No Fee Dental Negligence Claim?
A No Win No Fee agreement, formally known as a Conditional Fee Agreement (CFA), means you do not pay your solicitor’s legal fees if your claim is unsuccessful, provided you comply with the terms of the agreement.
If your claim succeeds, an agreed success fee is deducted from your compensation. This fee is capped by law, and the arrangement will be explained fully before your claim begins so that you know exactly where you stand.
For many clients, this removes one of the biggest barriers to pursuing a dental negligence claim.
What Is Dental Negligence?
Not every dental procedure that has an unsatisfactory outcome amounts to negligence. Dentistry carries recognised risks, and complications can arise even where treatment has been carried out appropriately.
A successful dental negligence claim requires proof of three key legal elements:
- Your dentist owed you a duty of care.
- They breached that duty by providing treatment below the standard expected of a reasonably competent dental professional.
- That breach directly caused you avoidable injury, pain or financial loss.
- Independent dental experts are usually instructed to determine whether the treatment fell below an acceptable professional standard and whether the negligence caused your injuries.
Common Types of Dental Negligence Claims
Dental negligence can arise in many different situations, including:
- Delayed diagnosis of dental disease
- Failure to diagnose infection or decay
- Poorly performed root canal treatment
- Incorrect tooth extraction
- Nerve damage following dental treatment
- Failed dental implants
- Poor cosmetic dentistry
- Failure to obtain informed consent
- Incorrect crowns, bridges or veneers
- Failure to refer to a specialist when appropriate
If your treatment has left you in unnecessary pain, requiring further corrective work or resulting in permanent damage, you may have grounds to claim compensation.
What Can Compensation Cover?
Every claim is different, but compensation may include:
- Pain, suffering and loss of amenity.
- The cost of remedial dental treatment.
- Future dental treatment.
- Lost earnings.
- Travel expenses.
- Medication costs.
- Psychological injuries, including anxiety or loss of confidence.
- Other financial losses directly resulting from the negligence.
- The amount awarded depends on the seriousness of your injuries and the financial losses you have suffered.
A Recent Aston Knight Success
One of our recent clients had been left with significant dental problems after years of negligent treatment. Before instructing Aston Knight Solicitors, he approached two other law firms, both of whom advised that he did not have a viable claim.
Our specialist team took a different view.
After obtaining independent expert evidence, we issued court proceedings and successfully negotiated a £45,000 settlement for our client.
This case highlights why it is often worthwhile obtaining a second legal opinion. A claim rejected elsewhere is not necessarily one without merit.
Why Choose Aston Knight Solicitors?
Unlike many firms, Aston Knight Solicitors regularly succeeds with cases that have previously been rejected by other solicitors.
Our specialist team handles complex dental negligence claims throughout England and Wales and has extensive experience investigating claims involving delayed diagnosis, nerve injuries, failed implants and cosmetic dentistry.
We pride ourselves on providing:
- No Win No Fee funding where appropriate.
- Specialist dental negligence solicitors.
- Honest advice from the outset.
- Personal service throughout your claim.
- Proven success in complex and previously rejected cases.
Solicitor’s Comment
“Many clients contact us believing they cannot afford to pursue a claim or because another firm has already advised them they have no case. We regularly obtain specialist expert evidence that identifies negligence which may have been overlooked. If you believe your dental treatment has caused avoidable harm, it is always worth obtaining specialist advice before deciding not to pursue a claim.”
Annie Rana, Solicitor, Aston Knight Solicitors
Frequently Asked Questions
Can I claim on a No Win No Fee basis?
Yes. Most suitable dental negligence claims can be funded through a No Win No Fee agreement, meaning there are no upfront legal fees and you do not pay your solicitor’s legal fees if the claim is unsuccessful, subject to the terms of the agreement.
How long do I have to make a dental negligence claim?
Generally, you have three years from the date of the negligent treatment or from the date you first became aware that negligent treatment may have caused your injury. Different rules apply for children and those who lack mental capacity.
How do I know if my dentist was negligent?
An unsuccessful outcome does not automatically mean negligence occurred. A specialist independent dental expert will assess whether your treatment fell below the standard expected of a reasonably competent dentist and whether this caused your injuries.
Will my claim go to court?
Most dental negligence claims settle through negotiation without the need for a trial. However, if liability is disputed and settlement cannot be reached, court proceedings may be necessary. Even then, many cases resolve before reaching a final hearing.
How much compensation could I receive?
Compensation depends on the severity of your injuries, the corrective treatment required, any financial losses you have suffered and the long-term impact upon your life. Every case is assessed individually.
Speak to Aston Knight Solicitors Today
If you believe you have suffered because of negligent dental treatment, our specialist solicitors are here to help.
We offer a free, confidential, no-obligation consultation to assess your circumstances and advise whether you may have a claim.
If your case has reasonable prospects of success, we may be able to represent you on a No Win No Fee basis, allowing you to pursue the compensation you deserve with confidence.
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