Dental negligence claims: cost and funding
What you will and will not pay, at each stage of a claim.
Almost all claims are funded on a no-win, no-fee basis
The overwhelming majority of dental negligence claims in England and Wales are funded by a Conditional Fee Agreement, usually alongside an after-the-event insurance policy that covers the other side's costs and the disbursements if the claim does not succeed. The practical effect is that you should not have to pay anything up front, and should not be left out of pocket if the case fails. What varies between firms is the success fee deducted from your damages if it succeeds — that figure is negotiable and you should ask for it in writing before signing.
FAQs
Frequently asked questions
Most claims are pursued under a Conditional Fee Agreement — a no-win, no-fee arrangement. You pay nothing up front and nothing at all if the case does not succeed.
A success fee is a percentage deducted from your compensation if the claim wins. It is capped at 25% of damages for pain, suffering and past losses. The exact percentage is negotiable and must be agreed in writing before you sign.
Under a properly arranged Conditional Fee Agreement with after-the-event insurance, you pay nothing. The insurance covers the defendant's costs and the disbursements such as expert fees. Confirm the policy is in place before the claim is issued.
The expert's fee is funded as a disbursement during the claim and recovered from the defendant if you win. If the claim fails, after-the-event insurance normally covers it.
Under a standard no-win, no-fee arrangement, no. If a firm asks you for money up front for a dental negligence claim, ask precisely what it is for and compare elsewhere before paying.
Legal aid is not generally available for dental negligence. The narrow exception concerns severe neurological injury to a child occurring at or shortly after birth, which does not arise in dental cases.
No. Your entitlement to NHS dental treatment is unaffected by bringing a claim, and you are free to register with a different practice at any time.