Time Limits on Dental Negligence Claims

Generally, in both personal injury and clinical (which includes dental) negligence claims, proceedings must be issued within 3 years of the date of your injury. If proceedings are not issued or your claim is not settled by the third anniversary of your accident your claim will become Statute Barred and you will be unable to proceed with it.

Sometimes also, time can run from "date of knowledge". If the date of knowledge rule is applied, the three year limitation rule only begins to run from the date that you discover that the treatment provided by your dentist was sub-standard. In some circumstances the effects of dental treatment can only come to the surface after a period of time has elapsed. Therefore the "date of knowledge" rule can sometimes assist Claimants when bringing their claims.

It is crucial that the limitation period does not expire. If you consider that the three years from date of injury has expired you must immediately seek independent legal advice.