Last updated on: June 1, 2021
£11,000 Broken Tooth Compensation Case Study
Have you suffered a tooth injury from a road traffic accident that wasn’t your fault? If so, you could make a personal injury claim for a broken tooth.
Any kind of injury can have a negative impact on your life and, if that injury wasn’t your fault, the recovery process can feel frustrating and unfair. More serious injuries that have more impact on your quality of life will attract larger compensation awards.
The case study in this guide will look at the process of claiming compensation for a broken tooth. In it, we will look at the process of claiming compensation for broken tooth injuries and how the compensation for injuries of this nature is calculated.
Our advisors offer free legal advice and are available 24/7, so you can call them whenever it suits you. You don’t need to rely on a personal injury calculator to value your claim. You can get through to our experienced and friendly team in moments who will be able to tell you if you can make a claim.
Call them now using 0800 408 7825 or, if you’d like more information, please read on.
Choose A Section
- A Guide On How To Claim For A Broken Tooth In A Road Traffic Accident
- What Is A Damaged Or Broken Tooth Injury?
- How You Could Break A Tooth In A Road Traffic Accident
- Case Study – £11,000 Broken Tooth Road Traffic Accident Compensation
- What Are Special Damages And Could I Claim Them?
- Calculating Compensation Claims For A Damaged Or Broken Tooth
- Claim For A Broken Tooth In A Road Traffic Accident With A No Win No Fee Solicitor
- How A Road Traffic Accident Solicitor Could Help You
- Contact Us For Free Legal Advice
- Related Guides
- FAQs On Road Traffic Accident Claims
A Guide On How To Claim For A Broken Tooth In A Road Traffic Accident
In this guide, we will look at the process of claiming compensation for a broken tooth injury. We will begin by looking at broken tooth injuries in general, including the symptoms and treatments available for injuries of this nature.
We will then continue to look at how a tooth can be broken in a road traffic accident (RTA) that was not your fault. In order to look at how these injuries can result from a breach of duty of care, we will examine the duty of care that drivers owe to one another.
In addition, we will take a look at a case study. This account of an accident and resulting injuries illustrates the process of claiming for a broken tooth following an accident that was not your fault.
You may be wondering how much you could be owed in a claim and what kinds of damages are covered by your compensation. Our section on special damages will shed some light on what can be included in a typical compensation claim.
Finally, we will look at what exactly is meant by a No Win No Fee agreement and how an agreement of this kind could benefit you. We will conclude by offering some additional resources that you may find useful and answering some commonly asked questions related to broken tooth injury claims.
What Is A Damaged Or Broken Tooth Injury?
A damaged or broken tooth can be very painful. There are 4 types of teeth in your mouth. These are:
- Incisors – These are your 2 front teeth.
- Canines – There are pointed teeth that often help with chewing food
- Premolars– Transitional teeth located between the canine and molar teeth
- Molars – Large, flat teeth at the back of your mouth
NHS guidance states that if you have cracked, chipped or broken your tooth, you should seek attention from a dentist right away. If your usual dentist isn’t available, you may need to see if you can get an emergency appointment or locate others in your area.
Once you’re able to see a dentist, they will treat the broken tooth by:
- Glueing the tooth fragment back on if the tooth fragment has been kept safe.
- Applying a filling or crown.
- Carrying out a root canal treatment on a badly broken tooth with nerves exposed.
If the tooth is successfully glued back on, or if a filling or crown is applied, then further treatment will not usually be required. However, if root canal treatment is needed, recovery can take longer.
Root canal treatment usually takes 2 to 3 visits to your dentist. The treatment involves removing the infection from your root canal. Once this has been done, the tooth is sealed with a filling or a crown to stop it from happening again.
If you’d like to see if you could make a claim for a broken tooth, call us now using the phone number at the top of the screen.
How You Could Break A Tooth In A Road Traffic Accident
There are four main types of road user:
- Drivers
- Motorcyclists
- Pedal cyclists
- Pedestrians
Some of these kinds of road users are more vulnerable to injury than others. For instance, a pedal cyclist or pedestrian could be more susceptible to injury than a driver who is encased in a vehicle that offers protection against impact.
Whatever kind of vehicle you’re travelling in on the road, it’s important that you adhere to the duty of care that you owe to other drivers. Failure to do so could increase the chances of an accident occurring, resulting in injury.
Road user’s Duty Of Care
You can find the duty of care that all road users owe to one another in The Highway Code. This code outlines the rules that every road user needs to follow. Following this code is a legal requirement to use the road. In some cases, you could face criminal charges for failing to adhere to the rules outlined in the road.
If someone fails to follow the rules outlined in the Code, this could be an example of a breach of duty. In the event that this breach leads to an accident resulting in injury, you could make a claim for compensation.
How Road users can act negligently
Driving in a way that breaches the duty of care that road users owe to one another is irresponsible. It can cause injury which can have serious repercussions on the injured person. In some cases, negligence on the road can cause serious and life-changing injuries.
Negligence action on the road might include:
- Talking on the phone while driving and not using a hands-free set
- Driving above the speed limit
- Ignoring or driving through a red traffic light
- Failing to clearly indicate when turning a corner
If you’ve been injured in an accident on the road because someone else acted in one of the ways listed above, then you may be able to claim. However, this list isn’t extensive. If your accident was caused by someone neglecting their duty of care to you, you could make a claim for compensation.
Road Traffic Accident statistics
Claim for a broken tooth statistics graph
The Department for Transport compiles statistics on the frequency and type of accidents caused on the road in the UK every year. As you can see, from 2016 to 2019, there have been over 70,000 accidents reported that have involved pedal cycles. Across the 1,461 days in this respective time period, this equates to over 49 accidents a day.
Because of the lack of protection that a pedal cycle offers, an accident involving a pedal cyclist could result in a broken tooth injury. This could occur if the cyclist is thrown from their bike and hits their face on the ground. It could also occur as a result of a cyclist being hit by another vehicle and their face making contact with the bonnet or windscreen.
If your accident resulted in injury and you can show that it was caused by third party negligence, you may be owed compensation for your suffering. Calling our advisors is free and can provide useful free legal advice.
Case Study – £11,000 Broken Tooth Road Traffic Accident Compensation
Mr Kane was a well-established food critic in London. He worked for a popular magazine, sometimes finding himself going to 3 different restaurants a day. In his spare time, he enjoyed playing squash, going for walks and cycling.
It was while cycling one day that Mr Kane suffered an injury caused by the negligence of a third party. He was in the cycle lane travelling through the town centre. Suddenly, a car to his right-hand side began to slowly veer towards Mr Kane. He rang his bell to try and alert the driver to his presence, but to his horror, he noticed that they were engrossed in a phone conversation using a handset.
As the car approached, Mr Kane was forced to come closer and closer to the pavement. Eventually, the tight space that he was left in which to cycle meant that his front wheel clipped the side of the pavement. This caused Mr Kane to come off his bike as a result, and his front teeth made an impact with the kerb.
Mr Kane was immediately in a great deal of pain. Using his tongue to feel the damage that had been done to his mouth, he was mortified to notice that his two front teeth had been badly chipped.
The driver of the car had stopped after Mr Kane had come off his bike. He took their details and the details of their insurance. Furthermore, a young woman approached Mr Kane and advised that she’d been walking behind him for some time now and saw the circumstances that caused the accident to occur. Because of this, she gave Mr Kane her details and offered to provide a witness statement to corroborate his version of events.
After Mr Kane’s Accident
Mr Kane managed to get an appointment at an emergency dentist. The dentist confirmed that both of the damaged teeth would need root canal treatment. Because of this, he’d need two or three appointments. However, there were limited appointments available meaning the procedure wouldn’t be completed for around three weeks
Mr Kane was frustrated at the impact his injuries were having on his appearance and quality of life. As a result, his confidence was knocked and he felt his daily life was affected. Because of this, he decided to pursue a claim for compensation.
Because of the pain caused by his chipped teeth, Mr Kane was forced to take some time off work. As a result, he lost out on earnings. In addition, he was forced to cancel a culinary holiday that he’d booked with his partner. Combined with the cost of his prescriptions and charges from the dentist, Mr Kane was left financially worse off because of an accident that wasn’t his fault.
Mr Kane supplied receipts and invoices for all of the costs he had incurred. Because of CCTV that showed the accident happening, and a witness statement that confirmed the lead up to it, he was successful in his claim.
The compensation Mr Kane received for his claim for a broken tooth came to £11,000. The table below shows a breakdown of the settlement he received.
General Damages How Much? Special Damages How Much?
The JCG states that, for loss of or serious damage to two front teeth, you could receive up to £7,160
in compensation. £7,160
Charge for dentist £65.20
Loss of Earnings £2,000
Prescriptions/Medication £524.80
Luxury culinary holiday £1,250
Total of Special Damages £3,980
The case of Mr Kane is purely an example. It is based on our past experiences of assessing and valuing road traffic accident claims, illustrating how accidents can happen and how they are valued.
What Are Special Damages And Could I Claim Them?
When you make a claim for compensation following an accident that wasn’t your fault, your compensation will typically be split into two heads. These are referred to as general and special damages.
Special damages aim to compensate you for the financial losses caused by the injury in question. Examples of special damages you can claim include:
- Loss of future earnings
- Loss of earnings
- Travel costs
- Prescriptions or medication
- Lost deposits for things like holidays or events which you’re no longer able to attend
In order to claim special damages, you need to provide your personal injury solicitor with evidence to show the losses you’re claiming for. Evidence can include receipts, invoices and bank statements. Even if your claim is successful, it may not cover all the expenses you’ve incurred if you cannot prove them.
At the start of the claim, your solicitor will not be able to provide you with an estimate regarding the special damages head of your compensation. This is because your solicitor will need to see what the value is of the actual costs that you’ve incurred, which may take some time. The value of your special damages will be easier to calculate once you’ve recovered from your injuries.
Calculating Compensation Claims For A Damaged Or Broken Tooth
The second head of a typical compensation claim is general damages. This relates to the physical and emotional pain caused by the injury.
The general damages head of your claim will be affected by the impact the injury has had on your quality of life. For example, you could receive more for an injury to your front tooth compared to a canine, premolar or molar tooth. This is because it’s more visible and so could cause more anguish and stress throughout the recovery process.
General damages are calculated by referring to the Judicial College Guidelines (JCG). These are guideline compensation brackets for different injuries of varying severities.
An independent medical examination will also be performed. Here, a medical expert will be able to assess if the injuries were caused by the accident in question or were the result of a pre-existing medical condition. They’ll also be able to confirm how serious your injuries are and the amount of time they expect them to take in order to recover. Their medical report and prognosis will be referred to alongside the JCG in order for your solicitor to value your claim.
If you’d like to see if you can claim for a broken tooth, call our advisors for free legal advice now using the phone number at the top of this page.
Claim For A Broken Tooth In A Road Traffic Accident With A No Win No Fee Solicitor
Our panel of solicitors can offer representation on a No Win No Fee basis. Many of us have heard the term “No Win No Fee” before in relation to claims, but what does it actually mean?
A No Win No Fee agreement is sometimes referred to as a Conditional Fee Agreement. It means that you won’t have to pay any legal fees to your solicitor, either upfront or throughout the claim. You also won’t be asked to pay them anything in the event that your claim doesn’t succeed.
Your solicitor will take a legally capped fee from your compensation after your claim has been successful. This is a percentage of your compensation award and will be agreed upon before your claim starts.
This means that you don’t need to worry about paying your solicitor’s legal fees during the claims process. Moreover, f you’re offered representation on a No Win No Fee basis, this is an indication that your claim has a good chance of success. This is because your solicitor won’t receive payment if your claim fails.
How A Road Traffic Accident Solicitor Could Help You
If you want to claim for a broken tooth following an accident that was not your fault, we can help. Our experienced advisors offer free legal advice and are available 24/7 to assist you. They can help with any questions you might have and will assess if you have a valid claim.
Our No Win No Fee panel of solicitors can only help you if you give us a call. Their knowledge comes from years of working cases just like yours. Enquiring costs you nothing and, if your claim is successful, you could receive the compensation you’re entitled to.
Contact Us For Free Legal Advice
Don’t feel like you have to rely on a personal injury calculator to see how much you could be owed. You can get through to our advisors in moments. They offer free legal advice and can assess if you’ll be able to make a personal injury claim.
- Telephone number – 0800 408 7825
- Use Live chat by clicking on the window in the bottom-right of your screen
- Contact us through our website
Related Guides
If you’d like more information, please find the relevant links below.
For common questions about dental treatments, visit the NHS website.
Do you want more information about cycle safety? If so, visit the Think.gov website.
More facts about road safety can be found on the Department for Transport website.
If you’d like to know how to claim after a car accident, view our website.
Have you broken your ankle during a road traffic accident? If so, view this page to see if you’ll be able to claim.
To see if you can claim for a broken leg injury, visit this page.
FAQs On Road Traffic Accident Claims
When could I make a claim?
You can make a personal injury claim for an injury 3 years after the accident. However, there are some exceptions to this time limit; get in touch with our team to find out more.
Am I eligible to claim compensation?
It depends on how the injury occurred and the circumstances surrounding it. In order to claim, you need to show that the negligence of a third party caused the accident. We offer free legal advice so, if you’d like to see if you can claim, please give us a call.
What evidence and documentation do I need?
This can vary depending on the injury and the context. It’s a good idea to seek medical attention after an injury caused by someone else’s negligence, which will provide evidence of your injuries. Alternatively, bills, receipts, invoices and bank statements can all be used to support special damages.
Does a broken tooth have to be pulled?
It depends on the extent of the injury. Some broken teeth may need to be extracted, whereas others may only need to be fitted with a crown.
Thank you for reading our guide on making a claim for a broken tooth.
Guide by AD
Published by RK