How Much Compensation For A Dental Nerve Damage Claim?

Whilst a visit to the dentist may not always be an enjoyable experience, it is an important part of maintaining dental and oral health. Whilst most routine checks and procedures will go as expected, they can sometimes go wrong. Errors caused by careless or reckless actions could result in lasting pain and injuries such as nerve damage. If you have experienced unnecessary pain and suffering, you could make a dental nerve damage claim.

In this guide, we look at when you could be eligible to make a dental negligence claim. Then, you can find information on how compensation could be calculated and the financial losses you could be compensated for. Following this, our guide explores how dental nerve damage could occur and the common symptoms experienced. At the end of the guide, you can find information on the claims process, covering what evidence you may need and how long you have to file your claim. Finally, you can learn more about how a solicitor from our panel could help you.

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A dentist carries out a dental procedure.

Frequently Asked Questions

Am I Able To Make A Dental Nerve Damage Claim?

You may be eligible to make a dental nerve damage claim if you can prove that you were harmed by dental care which fell below the correct standard.

Dentists and other dental professionals have a duty of care towards their patients. They must ensure that any treatment provided meets the correct standard of care. The General Dental Council (GDC) provide standards and guidance to help dental professionals adhere to their duty of care.

The eligibility criteria to make a dental negligence claim is as follows:

  1. A dentist or dental professional owed you a duty of care.
  2. The dental professional breached their duty of care.
  3. The breach causes avoidable harm, such as nerve damage.

Can I Claim On Behalf Of A Loved One?

You could claim on behalf of a loved one in certain circumstances. Firstly, their claim will need to meet the same eligibility criteria outlined above. Additionally, they must be unable to make a claim on their own behalf, which includes:

  • Where the person harmed is below the age of 18.
  • Where the person harmed is an adult who does not have the mental capacity to make a claim themselves.

In order to claim on behalf of either of these parties, you must apply to be their litigation friend. You may be asking, what is a litigation friend? This is someone (typically a friend or family member) who acts in the best interests of the person harmed and makes a claim on their behalf.

The duties of a litigation friend include ensuring that the claimant is kept up to date with their case’s progress and providing the solicitor with instructions.

Contact us for a free assessment of your eligibility to claim compensation. An advisor from our team could review the circumstances in which you were harmed. If they determine you may have a valid case, they could connect you to one of the dental negligence solicitors from our panel.

How Much Compensation Can I Get For Dental Nerve Damage?

Facial disfigurement resulting in very severe scarring could potentially receive between £36,340 and £118,790. This figure has been taken from the Judicial College Guidelines (JCG). The JCG is a document that contains guidelines on compensation for various forms of injury. This could help with calculating your general damages compensation.

If you make a successful dental negligence claim, you could be awarded general damages, which cover physical (as well as any psychological) effects of the harm you suffered.

How much dental nerve damage compensation you could be awarded may be influenced by:

    • The severity of the injury. The more severe the degree of harm caused, the higher a settlement may be.
    • Your recovery period. Longer recovery periods or cases dealing with permanent injuries may be awarded more compensation.

Below, we have taken figures from the JCG that may be relevant for dental negligence claims. Please be aware that the top figure is not from the JCG.

InjurySeverityDamages
Multiple severe forms of harm with special damagesSevereUp to £500,000+
Facial disfigurement.Very severe scarring £36,340 to £118,790.
Less severe scarring£21,920 to £59,090.
Significant scarring £11,120 to £36,720.
Less severe scarring£4,820 to £16,770.
Impairment of smell/ taste.Total loss of smell/ significant loss of taste£40,150 to £47,810.
Skeletal InjuriesDamage to TeethUp to £46,540.
Damage to Teeth (i)£10,660 to £13,930.
Damage to Teeth (ii)£5,310 to £9,310
Damage to Teeth (iii)£2,690 to £4,820
Damage to Teeth (iv)£1,330 to £2,080.

Could My Compensation Pay Me For Any Other Damages?

Your compensation could also include special damages. These compensate for the wider financial impact that the dental negligence has had on you. Financial losses you could be compensated for may include:

  • Loss of earnings – due to taking time off work whilst recovering from your dental injuries. You may be compensated for past and anticipated future loss of earnings.
  • Travel expenses – these may be incurred whilst travelling to and from getting medical care. For example, if you suffered severe nerve damage, you may require further dental surgery.
  • Medical expenses – these could include the cost of the aforementioned surgery to correct dental nerve damage or ongoing medication to deal with long-term pain.

Special damages could compensate you for these and other losses, returning you to your previous financial circumstances. In order to be awarded special damages, you must provide evidence of the loss. Evidence may include bank statements, invoices and pay slips.

A member of our team could help to calculate your dental nerve damage claim claim. Contact them to today.

A dentist carrying out a dental procedure

How Can Nerve Damage Happen During Dental Treatment?

Dental nerve damage could occur where a dentist acts negligently, failing to meet the correct standard of care. Negligent dental treatment could affect the facial and cranial nerves, leading to a variety of different symptoms. We will explore the potential symptoms of dental nerve damage in the following section.

Below, we look at examples of how a mistake during a dental procedure could lead to a nerve injury.

  • Root canal treatment – a root canal involves removing infected tissue from within a tooth. A dentist may fail to take proper and accurate imaging, subsequently drilling too deep, or they may use an improper technique. This could cause damage to the inferior alveolar nerve.
  • Dental implants – a dentist may fail to meet the correct standard during an implantation. Inadequate planning before surgery or failure to review a patient’s dental records could lead to the dentist misjudging the position, depth, or angle at which an implant should be placed, resulting in nerve damage.
  • Tooth extractions – removing a tooth, such as a wisdom tooth, could carry the risk of nerve damage if a dentist fails to assess the proximity of any nerves to the tooth. A negligent dentist may fail to identify the position of the trigeminal nerve or apply excessive force. Where the wrong tooth is extracted, nerve damage may occur due to the proximity of nerves or the use of excessive force.
  • Other dental surgery – dental procedures such as jaw surgery or cosmetic procedures (such as applying crowns or veneers) could also lead to nerve damage. For example, a dentist may fail to monitor the pressure applied to tissue surrounding a surgical site, causing a dental nerve injury.

These and other errors could occur due to inadequate training, poor pre-surgical planning or a failure to warn patients about the risks associated with a dental procedure. In these and other circumstances, you may have grounds to make a dental nerve damage claim.

Get help and support from one of our panel of dental negligence solicitors by contacting us.

What Are The Symptoms Of Damaged Nerves?

From persistent pain or burning sensations to numbness and even facial weakness, you could experience an array of symptoms due to damaged nerves. Recognising the symptoms of damaged nerves is important in knowing both when to seek further medical treatment and in understanding when you could make a dental nerve injury claim.

Symptoms may include:

  • Loss or alteration of taste and/or smell.
  • Difficulty speaking and/or eating.
  • Facial weakness.
  • Pulling sensations.
  • Burning sensations in the jaw and/or mouth.
  • Persistent jaw or mouth pain, such as that related to a fractured jaw.
  • Numbness and/or tingling in the cheeks, lips or tongue.

If you have these or other symptoms following a dental procedure, you should consult a dental professional. Early diagnosis of the symptoms of negligent dental treatment can help you get the right remedial care. Any dental records produced can also be used as evidence in a subsequent dental nerve damage claim.

Our team could help guide you through the dental nerve damage compensation claims process. Contact our advisors today.

Someone holding an extracted tooth with some tweezers.

Is There A Time Limit To Claiming For Dental Nerve Damage?

Under the Limitation Act 1980, there is a 3-year time limit to claim for dental nerve damage. This may run from the date of the negligent dental treatment or from the date you first became aware of the dental negligence.

Exceptions to this time limit include where claimants are:

  • Under 18. Children are unable to take legal action on their own behalf. They will have 3 years from their 18th birthday to begin their own claim.
  • Mentally incapacitated. In these cases, the time limit is permanently frozen unless they regain this capacity. If so, the time limit will run from this recovery date.

As aforementioned, while the claimant is unable to make their own claim, a litigation friend could step in.

Contact us to find out how long you have to make a dental nerve damage claim.

What Evidence Will I Need To Help My Damaged Nerves Claim?

You will need evidence to make a successful dental nerve damage claim. The greater the body of evidence you can submit with a claim, the stronger your case may be.

Evidence you could obtain may include:

  • Dental records. You can request a copy of your dental records from the dental practice you were initially treated at. If you visited a different dentist for subsequent treatment you can also obtain a copy of these records.
  • Medical assessments. As part of the claims process with a solicitor, they may ask that you attend a medical assessment. This will be carried out by a relevant dental professional and produce a report which may be submitted in addition to other medical evidence.
  • A diary of your symptoms. You could keep a diary of your symptoms and how these have affected your daily life
  • Witness details. Collect the details of anyone who either witnessed the treatment being carried out or the impact that it has had on you.

Our panel of dental negligence solicitors could help guide you through the legal process of making a claim and gather evidence on your behalf as part of their services.

How UK Law Can Help

Our panel of solicitors could help and support you to make a dental nerve damage claim, securing you a fair compensation settlement. Operating under a type of No Win No Fee agreement, called a Conditional Fee Agreement, a solicitor from our panel could work on your case with the following benefits in place:

  • Not having to pay them upfront for them to begin working on your claim
  • Not paying them for their continued work as the claim progresses
  • Nothing to pay for their completed services should the claim fail

If the claim succeeds, you will pay them a success fee. This will be taken from your compensation as a percentage that is legally limited.

Some of the excellent services the solicitors on our panel could provide you with include:

  • Help gathering evidence.
  • Ensuring your claim is submitted within the limitation period.
  • Communicating with the defending party
  • Negotiating your compensation settlement

Contact Our Advisors

To see if you could be eligible to receive dental negligence compensation, you can contact our advisors. They can also offer you free advice and could connect you with a solicitor from our panel:

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Thank you for reading our guide to making a dental nerve damage claim.