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Dental Abscess Claims – How Much Compensation Can I Claim?

Dental abscess claims

Dental abscess claims

By Lewis Cobain. Last Updated 22nd February 2023. Welcome to our dental abscess claims guide where we’ll explain how you can get the dental abscess compensation you deserve.

Dental issues can be very unpleasant, and abscesses fall into this category. If you look at tooth abscess pictures online, you will see that this condition is characterised by pus typically situated around a damaged or decayed tooth.

If you believe that your dentist is to blame for you suffering from a tooth abscess or that they have made the condition get worse because they did not notice until one of the later tooth abscess stages, you may be entitled to compensation. This is known as dental negligence. After all, all dentists have a duty of care to make sure they spot any dental issues at the earliest potential stage. When a dentist fails in this duty, and a patient is injured or suffers an illness as a consequence, this is when claiming for a tooth abscess becomes an option.

Here at Legal Expert, we have helped many people to get the compensation they deserve for cases like this. If you would like to make a claim, you can call us on 0800 073 8804. But before you do this, please make sure you read on to find out everything you need to know about these types of dental claims. You can also send us a message about your claim online.

Select A Section

  1. A Guide To Dental Abscess Claims
  2. What Is A Dental Abscess?
  3. Dentist Duty Of Care
  4. Dental Abscess Symptoms
  5. Different Types Of Dental Abscess Claims
  6. Dental Negligence Claims – Evidence Examples
  7. Misdiagnosis Claims For Tooth Abscesses
  8. Proving Negligence In Dental Abscess Claims
  9. Dental Compensation Claims – How Long Do I Have?
  10. What Could Your Dental Abscess Claim Include?
  11. Dental Negligence Claims Calculator
  12. No Win No Fee Tooth Abscess Claims
  13. Why You Should Make Your Claim With Us?
  14. Speak To Legal Expert Today
  15. Resources And Useful Links

A Guide To Dental Abscess Claims

Have you suffered from a tooth abscess? Do you believe that your dentist is to blame because they did not spot the condition quick enough or they acted in a way that caused greater tooth abscess pain or caused the condition to get worse? If so, there is every chance that you could be entitled to dental abscess compensation, and this dental abscess claims guide will reveal everything you need to know about launching such a claim.

We will discuss the condition itself in further detail, as well as explaining what can happen when a dental abscess is not spotted or treated as quickly as it should be. We will also explain the level of compensation you may receive, your dentist’s duty of care to you, and how you go about proving negligence. Aside from this, you will discover why using a personal injury claims calculator is not the best move for determining payout amounts, as well as the service we provide, why we are the best in the business, and what our No Win, No Fee approach means for you.

What Is A Dental Abscess?

A dental or tooth abscess occurs when the tissues surrounding the tooth become infected. The infected area will have a build-up of pus, which is how you can notice an abscess. This condition typically happens when bacteria has entered the tooth because of decay or damage. While most abscesses are not suffered due to dental negligence, there are cases whereby your dentist may be to blame.

This is because all patients are owed a duty of care from their dentists whereby your dentist should spot any issues at the earliest opportunity. Long-term health issues can be avoided if a dental abscess is spotted and treated quickly and efficiently. However, if your dentist has overlooked the condition, it could get a lot worse. This could mean permanent jaw, mouth, and teeth problems.

Here at Legal Expert, we have many years of experience when it comes to dental abscess claims and we can help you to get the dental abscess compensation you deserve. However, please do keep in mind that there is a personal injury claims time limit of three years, so the sooner you get in touch and make a claim, the better.

Dentist Duty Of Care

If a dentist fails to uphold their duty of care to you, this could establish grounds to make dental abscess claims for dental abscess compensation.

Duty of care is a term that can be applied to all people in any capacity of work. We often talk about employers and the people that work for them. However, businesses and practitioners also have a duty of care to their clients and consumers. It is their duty, therefore, to make sure that any dangerous abscesses are spotted at the earliest opportunity and the relevant checks are carried out.

If an abscess is caught in the early stages, most of the time all that needs to happen is draining, antibiotics being prescribed, and the tooth is prepared. At the very worst, the tooth will be removed. However, if the abscess is not diagnosed properly or at all, further health problems can occur, which impact the jaw, mouth, and teeth. In the worst cases, this can cause disfigurements because the infection causes the tissue to literally rot away.

Dental Abscess Symptoms

In the early stages, there may not be any tooth abscess symptoms. However, as the abscess gets worse and worse, symptoms usually start to present themselves. This includes the following:

  • Swelling of the jaw
  • Swollen glands in the neck
  • Visible draining of pus into the mouth
  • Swollen or red gums
  • Pain while chewing
  • Bitter taste in the mouth
  • Severe toothache – most people describe it as a shooting or throbbing pain

Once the nerves and the tooth pulp have become damaged, this may cause the toothache to stop. This often leads patients to assume that they are better and so they do not go to the dentist. However, even without pain the infection can continue to cause irreparable damage to the tissue and the bone structure of your jaw, so please make sure you go to the dentist.

Different Types Of Dental Abscess Claims

As mentioned earlier, all dentists owe their patients a duty of care to spot problems at the earliest opportunity and treat them effectively. If this duty has been breached and you have suffered an illness or an injury as a consequence, this is when a claim may be launched. With that being said, let’s take a look at some of the different ways that a dentist may be to blame for what happened to you:

  • Mistakes made while they were removing the abscess could mean you have the basis for a surgical error claim.
  • Complications following deep cleaning treatments.
  • Failing to give you a course of antibiotics or the correct medication.
  • Not completing the draining of the tooth abscess, which can cause another infection.
  • Failing to treat tooth decay or damage quickly.
  • Delays in terms of dental abscess diagnosis.

This list is not exhaustive. You simply need to show that the way the dentist has acted or failed to act has resulted in further injuries or your existing condition getting worse.

Dental Negligence Claims – Evidence Examples

After suffering harm from dentist negligence, the claims process can include gathering evidence. This can help prove that medical negligence has occurred.

Below we have include some examples of evidence to support your claim:

  • Medical records, such as reports from your dentist, statements detailing any treatment you have undergone and the diagnosis you received.
  • Evidence of any financial losses, for example, your wage slips can help to show that you have suffered a loss of earnings from needing time off work to recover from the harm you sustained.

For free legal advice on obtaining evidence to support your dental negligence claim, speak to our advisors whenever is convenient for you. Our services are available 24/7.

Misdiagnosis Claims For Tooth Abscesses

There are not many dentists in the UK that would fail to spot a dental abscess. However, there are cases whereby mistakes are made or a dentist makes an incorrect diagnosis, otherwise known as a misdiagnosis. In this case, you can make dental abscess claims.

You can also make a claim if certain kinds of tooth damage have been overlooked or not given the correct treatment, therefore, resulting in a dental abscess developing. Failing to notice a dental issue can increase the discomfort and pain the patient experiences, as well as making the recovery period longer, and you can claim for all of this.

Proving Negligence In Dental Abscess Claims

When launching dental abscess claims, the key is being able to prove that your dentist was negligent. This is where we come in. We have years and years of experience. We can help to show that your dentist failed you and, therefore, secure the dental abscess compensation you deserve.

It is also vital to recognise that all staff members are owed a duty of care by their dentist. This includes issues relating to clean dental tools, sufficient safety equipment, matching experienced staff with specific tasks, and appropriate ongoing and initial training.

Therefore, if you have been injured because the dentist in question has failed his or her members of staff, you can also make a claim. What if you are partly to blame for what happened? If you believe this is the case, you can make a claim but you are likely to receive a smaller payout to reflect your involvement. The best thing to do is give us a call for more information on this and we will be able to advise you further, giving you a true picture of your case.

Dental Compensation Claims – How Long Do I Have?

The Limitation Act 1980 states that you generally have 3 years from the date of your injury in which to start a claim. However, there are a few scenarios where exceptions can be made.

We have included some exceptions below:

  • Date of knowledge – Your injury may not be immediately detectable. If not, you may be able to use the date you became aware of your injuries as the start of your 3-year time limit.
  • Claims involving children – For those under the age of 18, the time limit does not begin until they reach adulthood. They cannot make a claim for themselves before this date. Before then, a litigation friend can be appointed to do so for them.
  • Those whose mental capacity is reduced – As with children, the time limit may not start from the date of injury. Instead, it only begins if and when the injured individual is deemed capable of making their own claim. A litigation friend can claim on their behalf before this time.

We understand that the time limits surrounding dental compensation claims can seem confusing. If you have any questions about claiming compensation for dental negligence or about dental negligence payouts in the UK, get in touch with our advisors today.

What Could Your Dental Abscess Claim Include?

The first thing you need to know is that compensation for dental abscess claims is split into two parts; general damages and special damages. You are probably already well aware of the former, as general damages relate to the dental abscess compensation you will receive for your injuries and to help you through the recovery phase. But, what are special damages?

Special damages are designed to compensate you for any out of pocket expenses you have encountered as a direct result of your gum abscess. Let’s take a look at some examples:

  • Medical costs – No doubt you will face medical expenses, such as prescription costs and tooth abscess treatment expenses, if you have been injured, and why should you have to pay for them when the accident was not your fault?
  • Loss of earnings – Have you been left unable to work while you recover? If you are self-employed or you are not covered by sick pay, this will leave you in a worrying financial position, which is why special damages cover this.
  • Counselling costs– Sometimes the damage from an injury is not only physical, with a lot of people requiring counselling to get over the trauma.
  • Travel expenses– From the cost of parking at the hospital to having to use alternative transportation until you are able to drive, there are various travel costs you could face.
  • Childcare expenses – If you have had to pay for childcare so someone can look after your children while you recover, you will be able to claim for this.
  • Accommodation expenses – Finally, if you have had to move home or have your accommodation adapted, this also counts as a special damage.

Dental Negligence Claims Calculator

A lot of claimants call us because they want to know more about the dental abscess compensation amounts they could be entitled to. Some have also used a dental negligence compensation calculator online and they want us to confirm that they will receive a certain amount or promise that we can secure that for them.

These tools only ever provide rough estimates. It is simply impossible to tell you how much compensation you will get because all claims are handled on an individual basis, ensuring a fair amount of compensation is awarded each and every time.

However, in the table below you can see the average payout for some of the common injuries resulting in this type of dental abscess claim.

InjuryDetailsPayout bracket
Facial scarring – Very severeThese cases tend to involve people under the age of 30-years-old. Psychological reaction will be severe and the cosmetic effect will be extremely disfiguring.£29,780 to £97,330
Facial scarring – Less severeSignificant psychological reaction and considerable disfigurement, yet falling short of the above section.£17,960 to £48,420
Facial scarring – SignificantPlastic surgery will have lessened the worst effects.£9,110 to £30,090
Facial scarring – Less significantOverall effect has not markedly affected the person’s appearance, only marred it. £3,950 to £13,740
Facial scarring – TrivialMinor effect only.£1,710 to £3,530
Tooth damageLoss of or serious damage to several front teeth£1,090 to £1,710
Tooth damageLoss of or serious damage to two front teeth.£2,200 to £3,950
Tooth damageLoss of or serious damage to one front tooth£4,350 to £7,630
Tooth damageLoss of or damage to back teeth: per tooth£8,730 to £11,410

If you cannot find the injury you have suffered from in the table above, please do not fret. You can definitely still make a claim. For more information about the sort of dental negligence payouts you could be looking at, just give our team a call. The details you need can be found at the end of the guide.

No Win No Fee Tooth Abscess Claims

When it comes to making dental abscess claims, there are many benefits associated with working with Legal Expert. One of these is the fact that we work on a No Win No Fee basis. What does this mean for you? Well, you only pay legal fees if your case is successful, and there are numerous benefits to gain by going down this route. This includes the following:

  • Financial risk is minimised – If you were to use the services of a personal injury solicitor who did not work to this payment agreement, there is always the possibility that you could end up investing an enormous sum of money in terms of legal fees, only to discover that the lawyer has not managed to secure your dental abscess compensation. Is this a risk you can really afford to take?
  • No huge upfront payment – When using the services of No Win, No Fee lawyers, you do not need to pay a large upfront payment in order to start the claim process.
  • Better quality service – The very nature of a No Win, No Fee payment agreement ensures you benefit from a much better service. This is because the solicitor is going to be impacted by the outcome of your case and, therefore, you can rest assured that he or she will be doing all in their power to make sure it is a success.
  • No time wasting – A No Win, No Fee personal injury lawyer has nothing to gain by simply taking on your case for the sake of it. If they don’t feel your case is strong enough, they will tell you; they won’t waste your time. However, if you were to use the services of another solicitor, there is always the risk that they could be taking on your case just to take your money.

Why You Should Make Your Claim With Us?

Here at Legal Expert, we can help with all kinds of claims, as we cover the whole of the UK. We have an abundance of experience in the industry, and we have worked on various different claims, including dental abscess claims. You can rest assured that we will have handled cases similar to yours time and time before.

One of the best things about our service is the fact that all of our solicitors work to a No Win No Fee payment agreement, which means you will only need to pay legal fees if your case is a success. This offers you a significant degree of financial protection, and you can be confident of exceptional service, as the solicitor’s pay is related to the outcome of the case. You can also be confident that we will give you a realistic picture regarding the strength of your case, and we will only take it on if we genuinely believe you have a chance of getting dental abscess compensation.

If you are still feeling unsure about using our service, all you need to do is have a browse on our website. You can also read some of the feedback that has been left by our previous customers, and we are sure this will put your mind at ease.

Dental Abscess Claims FAQs

What is a dental abscess?

Periodontal abscesses are caused by a bacterial infection that results in pus, forming inside the teeth, gums or surrounding bones.

How much are dental abscess claims worth?

There are various factors that need to be taken into account before an accurate valuation can be made. Along with proving that your abscess was caused or made worse by negligence, it must also be established how badly you suffered as a result.

Physical suffering and mental trauma can both entitle you to compensation. Additionally, you could be awarded compensation to cover costs like the treatment you required to correct the issue.

The best way to get an idea of how much you could be awarded is to get in touch with our advisors. Alternatively, you could head over to our compensation calculator.

What is dental abscess negligence?

This is when a medical professional, such as a dentist, is responsible for the development or worsening of a dental abscess. However, they need to have done so by breaching their duty of care.

For example, you may have come to the dentist with clear signs of an abscess. If the symptoms are not properly investigated, then the abscess could become worse. This could be a breach of the dentist’s duty of care, so you may be able to claim against them.

What are the dangers of an undiagnosed dental abscess?

If it isn’t detected, then an abscess – like other infections – can spread to other areas of the body. Because of your mouth’s proximity to the head, this can lead to a jaw, neck, or even brain infection.

If left undiagnosed and without treatment for too long, then a dental abscess could lead to death in some extreme circumstances. If so, a loved one may be able to claim on behalf of the deceased.

Is a dental abscess an emergency UK?

Dental abscesses are classed as dental emergencies which require immediate treatment once identified. This is to prevent spreading, or the loss of the affected tooth.

How do I know if my tooth abscess is spreading?

Symptoms can include pain and swelling in the tongue, mouth, face, neck or cheeks.

Do I need a lawyer to make a claim?

Though it’s not a legal requirement for claimants to have legal help, it can significantly increase your chances of securing the compensation you deserve.

How can a No Win No Fee agreement help?

If you’re worried about the financial risk of making a claim, a No Win No Fee agreement could help. There are no upfront or hidden fees and you’ll only pay your lawyer if they win your case, meaning there are no out-of-pocket costs.

What can Legal Expert do for my case?

Legal Expert offers a claims management service, including legal help from their panel of personal injury lawyers with over 30 years of experience.

How do I contact Legal Expert?

For a consultation with free legal advice, please don’t hesitate to get in touch today using the information in the next section.

Speak To Legal Expert Today

If you are ready to make a claim for the dental abscess you have experienced, all you need to do is give the personal injury claims team a call at Legal Expert. We have many years of experience in dental abscess claims and we can help you to get the dental abscess compensation that you deserve.

dental abscess claims

dental abscess claims

The number you need is 0800 073 8804, and this is open seven days per week from 9.00 a.m. until 9.00 p.m., enabling you to call at a time of day that is convenient for you. There are also plenty of other ways to get in touch too. Just head to our contact page for this information.

Resources And Useful Links

Hopefully, you have found this dental abscess claims guide useful on your quest to discover further information about making a dental abscess compensation claim. However, if you are looking for some more details, you may find the links and resources below useful.

  • Dentist negligence – This link takes you to our guide on dental negligence claims. You will find out everything you need to know about these claims and how negligence occurs.
  • NHS’s Dental Abscess Page– This link takes you to the NHS website where you will find information on dental abscesses, including what they are, how to treat them, prevention, and much more.

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    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.