Personal Injury Evidence Checklist: What to Save First
Content updated: · EA Personal Injury Solicitors
A personal injury claim needs evidence of a breach of duty, how it caused your injury, and the harm and losses that followed. Start by preserving photographs, witness details and any footage. Your solicitor will handle most evidence requests, but the more you preserve early, the stronger your claim will be.
TL;DR — Quick Summary
Key Points
- Request CCTV preservation immediately — there is no universal retention period
- Report the accident formally (employer, police, local authority) as soon as possible
- Photograph the scene, hazard, and any injuries before they change
- Note witness names and contact details on the day
- Keep all receipts and records of financial losses from the date of the accident
The Three Things You Need to Prove
A personal injury claim requires evidence on three distinct points:
- Breach of duty — that the defendant was negligent or in breach of a legal duty
- Causation — that the breach caused your injury
- Loss — that you suffered injury and financial losses as a result
Your solicitor gathers and organises the evidence — you do not need to do this alone. But taking action quickly to preserve evidence can make a significant difference.
Evidence For: Proving the Accident Happened
- Accident report / accident book entry (workplace)
- Police report or reference number (RTA)
- Local authority or business incident report (public liability)
- CCTV footage (request preservation immediately)
- Photographs of the scene, hazard, or vehicle damage
- Witness names and contact details
Evidence For: Proving Your Injuries
- GP records relating to the injury
- A&E or hospital admission records
- Any specialist referrals or consultant letters
- Prescription records for medication
- Physiotherapy or rehabilitation records
- Independent medical expert report (arranged by your solicitor)
Evidence For: Proving Financial Losses
- Payslips or P60s (lost earnings)
- HMRC self-assessment or accounts (self-employed)
- Receipts for medical treatment, physiotherapy, travel
- Bank statements showing relevant expenses
- Care diary (if care was provided by family/friends)
- Invoices for any aids, adaptations, or specialist equipment
Evidence For: Proving Fault (Liability)
- Risk assessments (employer liability)
- Health and safety inspection records
- Previous complaints about the same hazard
- Equipment maintenance logs
- Training records (or absence of them)
- Expert reports on safety standards or causation
The Single Most Time-Sensitive Step: CCTV
CCTV footage can help establish what happened, but there is no universal 28-day or 31-day retention rule. The operator sets its retention period according to its purpose, and footage may disappear quickly. If CCTV may have captured your accident (supermarkets, road junctions, car parks, public buildings, employer premises), your solicitor should write to the data controller immediately requesting preservation. Do not wait until you have collected the rest of your evidence.
What to Include in a CCTV Preservation Request
Identify the date, approximate time, exact location and the camera or area likely to have recorded the incident. Describe yourself or your vehicle so the operator can locate the relevant footage. Ask for it to be preserved and keep a copy of your request. Your solicitor can advise on obtaining a copy; other people in the recording may affect what can be disclosed.
The ICO explains how CCTV retention periods are determined.
Organise Your Evidence for the First Conversation
- Keep original photographs and documents, and make a backup. Note when and where each item was created.
- Write a short timeline of the incident, treatment and any contact with an employer or insurer.
- Record each expense with its date, reason and receipt where available.
- List evidence you believe exists but do not hold. Your solicitor can discuss how to request it.
Use the guide to how evidence supports a claim for the wider explanation. Check the personal injury time limits as well: collecting evidence does not stop the limitation clock.
Keeping a Symptoms Diary
A contemporaneous diary recording your symptoms, how they affect your daily life, what treatment you receive, and what activities you cannot do is extremely valuable evidence — particularly for long-running or contested claims. Courts and insurers treat a diary kept from the time of the accident as more credible than recollection alone at a later date.
What If You Did Not Report the Accident?
A claim is not automatically lost because the accident was not formally reported. Medical records, witness statements, photographs, and other evidence can together establish what happened even without an official report. However, an accident report created at or near the time of the incident is strong contemporaneous evidence, and you should report it as soon as possible if you have not already done so.
Contact EA Personal Injury Solicitors for a free initial enquiry. We can advise on what evidence is most important in your specific circumstances and take steps to preserve it before it disappears.