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Personal injury claims for damage to teeth is a very common occurrence. Common injuries are loss of teeth, chips, breaks and fractures. Injuries can be caused as a result of a car accident, slip, trip or fall in a public place or workplace accident.Tell Us About Your Case
If you have sustained some form of damage to your teeth as a result of negligence of another party you may be entitled to pursue legal action. Dental negligence may also play a part in tooth damage if treated by an inexperienced or negligent dentist. An important part of this claims process is determining who is liable for the cause of your injuries. This will vary depending on the circumstances in which they were sustained.
Tooth displacement occurs when a tooth is completely knocked out of its socket. There is a small window of opportunity whereby the tooth may be saved if the following steps are followed:
A loosened tooth occurs where the tooth is not totally knocked out but is loose enough that it can be moved in different directions. It is important not to move the tooth around too much or too hard with your tongue as you risk it coming loose entirely. It is advisable to seek dental treatment immediately so it can be put back to its original position.
A fracture in a tooth can come in a number of different ways. Tooth fractures can appear as:
All dentists are obliged to practice dentistry to the highest of medical standards. Dental negligence claims arise when a person suffers an injury as a result of dental treatment or their appearance has been affected as a result of dental malpractice. This can leave the injured person with either temporary or permanent damage to their teeth. If it is found that a dentist has acted in a negligent manner and breached their duty of care then they may be found liable for any damage or injuries which have been caused. It is important to note that dental negligence can also occur during cosmetic dentistry procedures.
Malpractice cases include:
Dental injury occurring in a road traffic accident can either be direct or indirect injuries. Direct dental injuries occur when the mouth is stuck by some object during the accident causing the tooth to fall out or crack. Indirect dental injuries occur when the force of the car accident causes the mouth to shut abruptly which leads damage to the teeth.
The accidents occur, and claims are made when the accident is caused by a negligent third party. For example, where another person has broken the rules of the road. It is important to note that these claims can be made by drivers, passengers and pedestrians. As a passenger, you are also entitled to make a claim against the driver of the car in which you were travelling. There is a universal expectation that all road users will follow the rules of the road so when this is not done the chances of injuries being sustained becomes higher.
Following a workplace accident, it is often the case where the employer who is found liable for any injuries which have been sustained by their employees -provided it is proven that the accident happened as a result of the negligence of the employer in some way.
Employers have a duty of care to their staff to ensure that their health and safety is a priority throughout the course of their work. Failing to do so could result in them being found liable for any accidents that have occurred. As part of this, they are required to carry out frequent risk assessments which will help them to both identify and eliminate any hazards which could lead to an injury being sustained by an employee. They are also required to provide adequate training and personal protective equipment (PPE) as this can help to reduce the number of accidents and injuries. Failing to do so is known as employer negligence.
In public places, whether it be shops, supermarkets, business premises, public parks, playgrounds or simply walking along a footpath, there is an expectation that the area would be relatively risk and danger free. In cases where the owner/occupier of a public place or business premises failed to uphold their duty of care and not provide a risk free environment and you can prove that your dental injury could have been avoided if the occupier had taken necessary steps to provide a hazard free environment, then you may be entitled to pursue legal action.
Once you have gathered all the relevant information in relation to your injury it is then time to move forward with your claim. It is important to use a personal injury solicitor to help you with this.
When you decide you want to move forward with your injury claim it is important to have all the relevant information to hand when contacting a solicitor. Important information to have on hand at this point is:
As a solicitor is aware of the injury claim process they can avoid any legal bumps in the road you might encounter if you did this yourself. It is their job to be your trusted advisor on all legal matters throughout your case.
The most important document needed to prove your injuries is your medical report. The reason a solicitor will ask for your doctor’s details or if you have attended the hospital is so they can obtain all the medical reports required to pursue the case for you.
As soon as your solicitor has gathered all the information, your injury claim will be submitted to the Personal Injuries Assessment Board for assessment. Your solicitor will do this for you. Once the Injuries Board assess your claim your solicitor will revert with a suggested settlement amount. At this stage, you have a choice to accept the Injuries Board assessment or reject it and move to the next steps.
At this point one of two scenarios will unfold:
a. If both you and the party at fault accept the Injuries Board assessment, your case is settled and the person at fault will be ordered to pay settlement to you.
b. If either you or the person at fault reject the Injuries Board assessment, then you move to the next stage and your solicitor will issue legal proceedings.
Before you start to concern yourself with court and everything that comes with it, it’s important to understand that only a very small percentage of cases actually make it to a courtroom.
Settlement meetings will be arranged where a settlement can be negotiated. Most cases are settled at this point without ever having to step foot into a courtroom and remember it’s your solicitor’s job to be with you every step of the way, right beside you to ensure that your best interests are met at all stages. Your solicitor is to be your trusted advisor throughout the process and to let you focus on your recovery, as they focus on settling your case.
At Tracey Solicitors, we make law accessible to all — regardless of your knowledge or experience with the claims process. For more information and a confidential discussion on your accident, phone 01 649 9900 where you can speak with a member of our team straight away, or email firstname.lastname@example.org to tell us about your case.
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If you are to proceed with an injury claim you may be entitled to claim compensation for the injury and added expenses you may have incurred. These claims are called damages.
General damages are non-financial damages such as pain and suffering and/or physical and emotional injuries following an accident.
Special damages are out of pocket expenses incurred as a result of the injury, for example, loss of earnings (if you are out of work), medical bills, and added travel costs as a result of the injury (for example, travel to and from the hospital). Learn more about Special Damages.
Material damage refers to damage caused to your personal property. For example, in a road traffic accident, the material damage would be the damage to your car.
The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.Learn more about Time Limits
We draw on more than 30 years of experience in personal injury law to provide you with expert advice and legal services.
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