What Evidence Do I Need for a Personal Injury Claim?

Why Evidence Matters

In a personal injury claim, the burden of proof lies with you — you must prove, on the balance of probabilities, that someone else was negligent and that their negligence caused your injury or illness. Evidence is what allows you to do this.

The quality and completeness of your evidence will often determine whether your claim succeeds, and can also affect the level of compensation you receive.

Medical Evidence

Medical evidence is usually the foundation of any personal injury or industrial disease claim. It establishes:

• The nature and extent of your injury or illness.
• The cause of the injury (whether from the accident or pre-existing).
• The prognosis — how your condition is likely to progress.
• The treatment required and its cost.

Types of medical evidence include:

• GP records and referral notes.
• Hospital records including A&E notes, discharge summaries and operation reports.
• Specialist reports from consultants.
• An independent medical examination report obtained specifically for your claim.
• Audiograms (for hearing loss claims).
• Chest X-rays and CT scans (for asbestos and lung disease claims).

Photographs

Photographs taken at or near the time of the accident can be invaluable. These might include:

• Photographs of the accident scene — the road, the floor surface, the machinery, the hazard.
• Photographs of your visible injuries — bruising, cuts, swelling.
• Photographs of damaged property — your vehicle, clothing or equipment.

If you can take photographs safely at the time, do so. If circumstances did not allow it, return to the scene later if possible.

Witnesses

If anyone witnessed the accident, their details can be very valuable. Obtain:

• Full name and contact details (phone and email).
• A brief note of what they saw, made as soon as possible while their recollection is fresh.

Colleagues in a workplace accident, other road users in an RTA, or bystanders in a public place may all be witnesses. Do not rely on memory — get their details at the time if you can.

Accident Reports and Records

• Accident book entries: In workplaces, employers are required to maintain accident books. If your accident was reported, there should be a record. Request a copy.
• RIDDOR reports: Certain workplace injuries must be reported to the Health and Safety Executive. Your employer should have a copy.
• Police reports: In road traffic accidents involving injury, a police report number will be useful. You can obtain a copy from the relevant police force.
• Incident reports: In public places and shops, incidents are often recorded in CCTV and incident logs. Request this promptly — it may be deleted after a short time.

CCTV and Dashcam Footage

CCTV footage from shops, workplaces, traffic cameras and neighbouring buildings can provide strong evidence. Dashcam footage from your own or another vehicle can be decisive in a road traffic accident claim.

CCTV retention periods vary, and footage may be overwritten quickly. Do not assume an operator will keep it for a month. If you believe there is relevant footage, you or your solicitor should request it as a matter of urgency.

For a practical list of what to save first and what to include in a preservation request, use our personal injury evidence checklist.

Financial Records

To claim special damages, you will need evidence of financial losses:

• Pay slips and employer correspondence confirming time off work and lost pay.
• Self-employment accounts and tax returns if you are self-employed.
• Receipts for medical expenses, rehabilitation costs and travel.
• Bank statements showing expenditure caused by the injury.

Evidence in Industrial Disease Claims

Industrial disease claims often require additional types of evidence:

• Employment records — including payslips, P60s, contracts and reference letters confirming dates of employment and job roles.
• Exposure records — noise surveys, vibration assessments, records of protective equipment provided or not provided.
• Occupational health records — health surveillance records including hearing tests carried out by employers.
• Former colleagues who can confirm working conditions.

What If Evidence Has Been Lost?

Evidence sometimes cannot be obtained — records are lost, CCTV has been deleted, witnesses cannot be traced. This does not necessarily mean your claim cannot proceed. A claim can still succeed where other evidence is available, and in some cases the fact that evidence was not preserved when it should have been can be relevant in itself.

We will advise you honestly on the available evidence and its impact on the prospects of your claim.