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Claim for dental compensation with no-win no-fee dental negligence solicitors.

Specialist no-win no-fee
dental negligence solicitors.

See if you are eligible to make a claim, call us now:

0330 223 2697

Is there a time limit for bringing a dental negligence claim?

Dental negligence claims usually have to be issued to the court within 3 years from the date of the allegedly negligent medical treatment, but it can be 3 years from the date you first became aware, or ought reasonably to have been aware, that you might have been injured as a result of negligent treatment. In ordinary circumstances failure to bring the claim within the 3 year time limit is likely to result in your claim being statute-barred but there are exceptions to this rule.

Exceptions to the 3 year dental negligence rule:

  • If a child suffered dental negligence the period of 3 years does not begin until their 18th birthday. If you are bringing a claim for a child, see our page explaining the role of a child litigation friend
  • Mental capacity is taken into account, so for any person with learning difficulties or mental illness, there is no time limit. Again a dental negligence claim has to be brought on their behalf by a litigation friend.
  • The courts have discretion to extend any time limits, but they do not allow many claims to be brought out of time. You should pursue your claim within the above time limits if at all possible, and the sooner you begin your investigation the better.
  • In some cases you will not be aware there has been an error in your dental treatment for some period of time after the treatment took place. These mitigating circumstances are taken into account when the courts consider whether they can extend the 3 year period.
  • Any injury or harm may not become apparent until a long period after the dental treatment. Again, this situation may well be pursuing and our consultants can offer expert advice in this type of scenario.
  • It is also possible to obtain permission from the Court to bring a claim that is out of time. However, the Court exercises this discretion sparingly and it is always better to bring a claim within the three-year period than to leave it in the hope that the Court will allow you to bring a claim out of time. This is a complicated area and if it applies to your claim we will let you know whether there is anything that you can do.

With all dental negligence claims it is always important to get the claim started as soon as possible. Even if the alleged negligent treatment occurred more than three years ago, it is worth speaking to one of our consultants to clarify your options. For further advice please call 0330 223 2697 or fill in our online claim form and we will get back to you as soon as we can.

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Dental Negligence Claims Dental Compensation GPlus Square

0330 223 2697

Excel Legal

19 Knowsley Street

About Us

The Dental Accident Helpline provides specialist high quality legal representation for dental patients wishing to claim dental negligence compensation.