Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Is the issue with the nerve as a direct result of the broken tooth?
Thank you. Your rights here would very much depend on whether the issues with the nerve are directly linked to the negligent act of the dentist of breaking the tooth. So for example, if the nerve is giving up anyway and it would have happened regardless of the tooth breaking or not, then it would be difficult to attribute that to the dentist’s actions. The question to ask is, but for the dentist’s negligent actions would the issues you are experiencing now have happened? So you would have to be able to link the issues experienced with the actions of the dentist. If there is a direct link and it was their actions that caused these issues they would be expected to put you in the position you would have been had these issues not been caused by them. Here it would mean fixing the tooth at no extra cost to you.
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Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter.
2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.
3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
I understand that this may have happened at some point, but what natters is whether this occurred earlier than normal as a result of what happened. It could well be a coincidence and it would have failed that week anyway but also it may have been affected directly as a result of their actions - it may come down to someone else giving a professional opinion to clarify if that was the case