This article explores the type of evidence you may need to make a successful personal injury claim.
We are a claims management company that can help you make a personal injury claim. Call us free on 0800 470 0472
What evidence do I need to make a personal injury claim?
When making a personal injury claim, it is essential to provide your solicitor with as much evidence as possible. This evidence must show what happened, who was at fault, and how your injury has affected you.
Common types of evidence include medical records, photographs, witness statements, financial documents and accident reports. These are used to prove liability, link your injury to the defendant’s negligence and calculate the compensation you may be entitled to.
This guide explains everything you need to know about the evidence required to make a personal injury claim and how a specialist solicitor can help you gather it.
Table of Contents
What does personal injury evidence need to prove?
When making a personal injury claim, the burden of proof falls on you, the claimant. That means you must be able to present sufficient evidence to prove the following:
- Duty of care. The defendant had a legal duty to protect your health and safety and keep you safe from injury.
- Breach of duty. They have failed to meet the required standard of care through negligence or wrongdoing.
- Causation and losses. This failure directly led to your accident and injury and caused you pain, suffering and financial losses.
Evidence is needed to support all types of personal injury claims, including:
- Road traffic accident claims.
- Workplace accident claims.
- Medical negligence claims.
- Public place accident claims.
- Product liability claims.
What type of evidence is needed for personal injury claims?
Many different types of evidence can be used to support a personal injury claim. It will often vary depending on the type of accident that caused your injuries, but some of the most common types of evidence include the following:
Medical Evidence for a Personal Injury Claim
Medical evidence is one of the most important parts of personal injury compensation claims. It proves that you were injured and confirms the severity and long-term impact of the harm you suffered.
Key types of medical evidence include:
- GP and hospital records.
- X-rays, scans and other diagnostic test results.
- Documentation of treatments and recovery progress.
- Medical reports from independent medical experts.
Medical evidence helps link your injury to the accident or wrongdoing you suffered and is used, along with the 18th Edition of the Judicial College Guidelines, to assist in calculating the level of compensation that may be awarded.
Photographic and Video Evidence
Photographs and videos provide strong, indisputable proof of what happened. These can prove the accident’s cause, the extent of the damages, and help establish liability. Examples include:
- Photographs of the accident scene.
- Photos of contributing hazards, such as wet floors, defective equipment or road defects.
- Pictures of any visible injuries and your recovery process.
- Photographs showing damage to personal property, such as clothing or your vehicle.
- CCTV, dashcam or phone footage capturing the incident as it unfolded.
Any photos you take should be clear and taken before anything is moved, repaired or tampered with.
Financial Evidence and Proof of Loss
Financial evidence is an essential type of personal injury claim evidence to help secure the compensation you may be entitled to. This proves all the economic losses and expenses you incurred as a result of your injury, also known as special damages.
Financial evidence may include:
- Copies of your payslips to prove loss of earnings and earning capacity.
- Tax returns, bank statements or invoices for up to 3 years before the accident if you are self-employed.
- Medical bills or receipts for prescriptions, medication and any private medical treatments.
- Receipts for travel expenses related to the injury and treatment.
- Quotes for repairing or replacing personal items damaged in the accident.
- Invoices for costs related to care and assistance, whether long-term or during recovery.
Make sure that you keep records of all expenses and financial losses related to the injury to support your claim.
Accident Reports and Official Records
Accident reports can be crucial evidence in personal injury cases that can provide objective, third-party details regarding the date, time and circumstances of your accident. Examples include:
- Accident book entries, if you suffered an accident at work or in a public place.
- Copies of police reports, if you were injured in a road accident or due to a criminal act.
- Health and safety investigations from authorities such as the Health and Safety Executive (HSE).
- Maintenance and safety records from employers, premises owners and landlords.
- Employment records showing your training and job duties.
- Copies of formal complaints made against the defendant.
- Copies of waivers or consent forms.
You should report an accident immediately after it happens and gather all relevant documents to help prove liability for your injuries.
Can I make an accident claim without witness statements?
Yes. While witness statements can improve your chances of making a successful personal injury claim, they are not essential.
If there were no witnesses to your accident, or you did not get their names and contact details, you can still proceed with a claim using other forms of evidence, such as:
- Medical evidence.
- Photographs or CCTV footage.
- Accident reports.
- Expert opinions.
You will also be asked to submit your own detailed account of the accident and its impact on your life, detailing:
- When, where and how the incident took place.
- Any hazard or dangerous conditions contributing to the accident.
- How the defendant’s actions or failures caused the accident.
- The injuries you suffered, their symptoms and progression.
- The impact on your ability to work, perform daily tasks or enjoy your hobbies.
- The psychological and emotional impact of the incident.
How long do I have to gather evidence?
Typically, you have three years to gather the evidence you need and start a personal injury claim under the Limitation Act 1980. This time limit usually runs from:
- The date of the accident.
- The date you became aware of your injury and that it was caused by negligence.
Different time limits may apply to children, those lacking mental capacity, and fatal accident claims. You can read more about the time limits in personal injury claims here: What is the time limit to start a claim?
While three years may seem like a long time, it is best to act as early as possible. This will give your personal injury solicitor better access to the evidence required to support your claim and ensure any details regarding the events are still fresh in your mind.
What happens if I don’t have all the evidence I need?
Even if you don’t have all the evidence needed to start the claims process, you may still be eligible for compensation. Many people worry that missing documents or records will prevent them from claiming, but this is rarely the case.
At the outset of a claim, personal injury lawyers do not expect you to have all the evidence upfront. Missing proof can often be obtained later, including:
- Medical records and test results.
- Accident reports and employer records.
- Witness statements.
- CCTV or dashcam footage.
- Expert medical opinions.
Although you don’t need all the evidence to start a claim, acting quickly improves your chances of success. Supporting proof is easier to obtain when memories are fresh, and records are still available.
Can a solicitor help me collect the evidence I need for a personal injury claim?
Yes. Solicitors often play a crucial role in collecting and securing the evidence needed to make a personal injury claim. They will:
- Determine what evidence is needed to support your claim.
- Request CCTV or dashcam footage before it is deleted.
- Access your medical records and arrange a free independent medical report.
- Secure accident reports, employment records, and health and safety documents.
- Contact witnesses and get their statements.
Furthermore, most personal injury solicitors work on a no win, no fee basis, which means that you do not have to pay them a single penny upfront or if your claim is lost. This allows you to pursue a claim and gather evidence without financial risk.
To find out what evidence you need to make a personal injury claim and get legal advice from a specialist solicitor, call 0800 470 0472 today for a free consultation or request a call back.
