You may already have gathered some evidence to help establish whether or not you’re entitled to make a claim. Once you decide to move ahead, we’ll continue to collect evidence and build it into the strongest possible case. With the right evidence, it’s often possible to avoid going to court and to settle the claim more quickly. However, we’ll collect as much evidence as we can so that, if we need to prove your claim in court, we’re ready to do so.

The evidence you will usually need for a personal injury claim includes a range of documents, records and expert assessments. The evidence must demonstrate that another party was legally responsible for the injury and quantify the extent of the harm you experienced. The strength and organisation of this evidence directly influences the success of the claim and any compensation awarded, so it’s important to get it right.

At Switalskis, our solicitors specialise in personal injury claims and, thanks to our track record of success, we know what evidence you’re likely to need. Your solicitor will help you to gather evidence during the process, so you shouldn’t feel intimidated about trying to do this yourself.

To learn more about how a solicitor can help, visit our resource on the process of a personal injury claim or get in touch with Switalskis today. Call us on 0800 138 0458 or fill out our online contact form .

What evidence will I need?

You need a strong bank of evidence to build a claim, including several different types. Your solicitor will advise you and help you to gather what you need, but some types of evidence should be collected as early in the process as possible, and sometimes before your solicitor gets involved. Try to gather as much of the evidence below as you can before you call a solicitor - but bear in mind that time limits apply for personal injury claims and you should not delay for too long.

Evidence that may be used to support a personal injury claim includes:

• Accident report: if the injury occurred at work or in a public place, the incident should be logged in the appropriate accident book and reported to relevant authorities. Businesses may investigate and produce an accident report, but recording the incident in an accident book is sufficient as evidence. Certain road traffic accidents must be reported to the police, who will create a report that your solicitor can help you to access.
• Photographs or videos: where it is safe to do so, try to get visual evidence of the accident scene and any elements that may have contributed to your accident. Photographs of any visible injuries can help to show the extent and effects of the harm you experienced. Time-stamped images taken during your recovery can be used to document the extent and progression of visible injuries, such as bruising or scarring, which may affect how much compensation you will receive.
• CCTV footage: if the accident occurred in an area monitored by CCTV, it may be possible to request copies of the footage. You should ask for footage as soon as possible after the accident, as it may not be stored for long.
• Witness statements: accounts from people who saw the accident can confirm your version of events and identify any negligence. You don’t need to collect witness statements yourself - just the contact details of anyone at the scene who may be able to provide one. Your solicitor will contact the relevant parties later and ask them to give a statement.
• GP and hospital records: these will document the initial diagnosis, treatment and any referrals made following the incident. All of this can help to establish the injuries you’ve suffered, their relationship to the accident and the effects of the injuries on your life.
• Expert medical reports: statements and reports in which independent medical experts assess your injury and provide a prognosis can help to secure the maximum amount of compensation. This type of report helps to quantify the physical and psychological impact of the injury. Your solicitor will arrange for an independent expert to review your medical records, and there may be a cost associated with this report, but it is typically a vital part of the evidence for a personal injury claim.
• Further expert evidence: complex cases may require other expert input - for example, statements from accident reconstruction experts, engineering specialists or occupational therapists. Again, your solicitor will coordinate this on your behalf as your claim moves forward.
• Risk assessments and inspection reports: any documents showing inspection schedules, maintenance reports or risk assessments can show whether the responsible party took reasonable steps to prevent the accident and met their legal obligations. Particularly for workplace accidents, these documents can also highlight whether hazards were known or foreseeable and, if so, whether appropriate precautions were taken.
• Correspondence: any communication between you and the party that we believe is at fault. If they have made any admissions of guilt or apologies, this can be especially relevant and useful. Correspondence can include emails, text messages, letters or screenshots of other direct messages.
• Progress notes: you may be asked to keep a diary recording your pain levels, mobility, the emotional impact of your injury and any limitations you face in carrying out daily activities. If you have any follow-up assessments with a doctor or other health professional as your recovery progresses, or if complications arise, we may use reports from any further medical evaluations to update your claim.

As well as proving the extent of your injuries and the connection between the injury and your accident, you will also need to prove your financial losses if you wish to claim them back. This can form a large component of the compensation you’re awarded, so it’s useful to collect as much evidence as possible in these cases.

How can I prove expenses to claim special damages?

While you often need a lot of evidence to prove liability and show that your injuries were a direct result of someone else’s negligence, it’s usually more straightforward to claim for special damages - at least in terms of your existing expenses.

However, an expert solicitor won’t just be concerned with the money you’ve already spent on private medical treatment, travel to appointments or paid care from professional carers. If your projected future needs have changed as a result of your injuries, these should also be taken into account, and your solicitor will source evidence to support this and maximise your compensation.

Evidence that you’ll need to provide to claim for special damages include:

• Receipts and invoices: to claim for out-of-pocket expenses (for medication, travel costs, physiotherapy and other outgoings), evidence of payments must be provided.
• Payslips or employment records: payslips or tax records are needed to support claims for lost earnings if you were unable to work during your recovery.
• Care and assistance records: if the injured person received help at home (paid or unpaid), a record of the hours and nature of care should be documented, as this can enable you to claim back these costs.
• Statements from expert witnesses: if your injuries will have a long-term impact, we may ask expert witnesses, including forensic accountants and occupational health professionals, to assess your case. They can estimate your future care needs, or the loss of earnings potential if your injury has left you permanently unable to work, or unable to perform your previous role. This is an important way to make sure that your future needs are taken care of in your compensation settlement.

A combination of this evidence forms the basis of the claim submitted to the defendant or their insurer and it will be used in settlement negotiations to fight for the maximum compensation that you are entitled to.

If necessary, we will also use this evidence in court proceedings to argue for fair compensation on your behalf.

What happens next?

Once your solicitor has built a strong case and gathered all the necessary evidence, we’ll submit your claim to the party we believe was responsible for your injuries.