![Hayley Devlin LLB](https://www.claims.co.uk/wp-content/uploads/2024/07/Hayley-Devlin.jpg)
Hayley Devlin LLB
Legal writer and former solicitor
What evidence do I need to make a personal injury claim?
Does your claim qualify? Get free, no obligation advice!
If you’ve been injured due to someone else’s negligence, you could be eligible to claim compensation for any damages, both financial losses and personal injuries.
Making a personal injury claim can seem extremely intimidating, especially if you have never previously been involved in legal proceedings. Many unfamiliar terms, such as evidence, witness statements, no win no fee, etc., make the process seem rather daunting. If you’re unsure, always seek legal advice.
By working with an experienced Personal Injury Claims company, you can access the support you need to get the compensation required to fund your rehabilitation and pay your bills (if you cannot work) to concentrate on your recovery.
You must provide evidence in a personal injury claim to prove, on the balance of probabilities, the following:
The evidence you will need to present in a personal injury claim will depend on the type of claim you are bringing. Let’s look at some common examples:
If you have been injured in a road traffic accident, you need to collect as much evidence from the accident scene as possible for a road accident compensation claim (if you are well enough to do so).
Examples include:
If you are injured at work, you will need to collate the following evidence to make a successful accident at work claim:
If possible, gather the following evidence to support your slips, trips and falls claim:
For medical negligence claims, gathering evidence will help support your claim:
Your Personal Injury Solicitor may also instruct an expert witness to provide a report to the Court to help them decide on liability and quantum of damages. An expert witness could be an independent medical expert who specialises in the type of injury you have received or, in the case of an RTA, an expert on speed and collisions.
It is important to note that an expert witness in personal injury cases is impartial and has a duty to the Court, which overrides any duty they may have to the person instructing them.
In the case of a car accident, you should exchange details of the name of your insurer and car registration number, and provided you feel safe, provide your name and contact details.
Do not apologise for the accident, even if you believe it was your fault, as this could result in you being held liable.
If you require medical records from your GP, contact the practice directly. For hospital records, you need to write to the records manager or patient services manager at the NHS Trust, which manages the hospital where you had your treatment. You can find a list of hospital trusts and their contact details here.
The Civil Procedure Rules define a witness statement as “a written statement signed by a person which contains the evidence that person would be allowed to give orally”.
A witness statement must:
Most personal injury claims are settled out of court due to the Pre-Action Protocol for Personal Injury Claims, which encourages swift, out-of-court settlements. This helps ensure that the Courts do not get clogged up with thousands of claims and that Claimants can access rehabilitation as quickly as possible.
Under the Rehabilitation Code 2015, parties involved in a personal injury case, including insurers and specialist solicitors, are encouraged to work together to identify the Claimant’s rehabilitation needs and release funds to pay for the required rehabilitation.
The easiest way to start a personal injury claim is to call free on 0800 234 6438 at the earliest opportunity after your accident. The Limitation Act 1980 provides that Claimants have three years to bring a personal injury claim, so you must act immediately.
Nicola is a dual qualified journalist and non-practising solicitor. She is a legal journalist, editor and author with more than 20 years' experience writing about the law.
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