We recently wrote a blog about how to know if you have a valid personal injury case. Today, we’re going to concentrate on the proof and evidence you need to provide in order for a personal injury case to be successful.
When you’ve been subject to an accident that’s not your fault, the effects can be damaging and costly. In the worst scenarios, the effects can be life-changing. That’s why personal injury claims can be so important. The compensation gained from them can help reimburse you for income lost or give you the resources you need to improve your wellbeing.
Let’s examine the evidence you need to do this.
Why evidence matters
When you want to pursue a personal injury claim as a result of an injury that wasn’t your fault, you’ll typically need to provide the following information:
- An account of what happened and how the accident occurred
- Who was at fault (negligence or breach of duty)
- Proof that your injuries were directly caused by the accident.
This process can feel overwhelming, especially if you are in pain or experiencing stress and we’re completely alive to the fact that you may not be in the best frame of mind to complete these tasks. Nonetheless, gathering evidence as soon as possible can significantly strengthen your case and streamline the claims process.
What steps you should take after an accident
In the immediate aftermath of an accident, your priority should always be ensuring your safety and seeking any necessary medical attention. Once you’ve attended to any urgent health needs, you should consider taking the following steps to support a potential personal injury claim:
- Report the incident: If you’re involved in a road traffic accident, call the police (if needed) and ensure the accident is documented. If you’re hurt at work, make sure the accident is recorded in your employer’s accident book
- Gather details: Collect names, contact information, and statements (if appropriate) from witnesses
- Take photographs or videos: Visual evidence of the accident site (often called the “locus”) and of your injuries can be invaluable. Document any visible hazards, such as spilled liquids on a supermarket floor or poor lighting in a car park.
All of the above could prove useful evidence when progressing your personal injury claim. However, these items aren’t an exhaustive list of the kinds of evidence you can provide.
Types of evidence you may need in a personal injury claim
The exact evidence required varies depending on the nature of the accident, but some common forms include:
- Photographs of the accident scene: Capture the location, any damage to property, and any hazards that contributed to your injury
- Photographs of your injuries: Visual records can show the extent of cuts, bruises, or other harm
- CCTV footage: Many shops, offices, and public spaces have CCTV systems. If your accident was caught on camera, request a copy as soon as possible
- Police reports: If the police attended the scene of a road traffic accident or any other incident, their report can provide impartial evidence of fault
- Witness statements: People who saw the accident happen can provide a neutral account of what took place, which is often crucial in establishing liability
- Accident logbook entries: In workplaces or public venues, it is common to record accidents in a logbook. Obtain a copy of the relevant entry, as it can detail when, where, and how the incident occurred
- Medical records: Hospital or GP records will show the diagnosis of your injuries and any treatment you received, which helps link the accident to your harm.
You should aim to gather and preserve this evidence at the earliest opportunity, as memories fade and CCTV footage can be overwritten after a short period.
Time limits (limitation period)
You should be aware of the three-year limit (known as the limitation period) for bringing a personal injury claim. Usually, this starts from the date of your accident or from the date you first realised your injury was linked to someone else’s negligence. If you don’t start court proceedings within this timeframe, you may lose your right to claim compensation.
There are some limited exceptions, particularly for minors and those who lack mental capacity, but it is best to seek legal advice promptly.
How we can help
If you were injured in an accident within the last three years and it wasn’t your fault, our personal injury team at Gorvins can provide a free, no-obligation discussion to assess your case.
We will:
- Listen to your account of the accident
- Review any evidence you have gathered
- Advise on your claim’s chances of success
- Offer guidance on ‘no win, no fee’ (Conditional Fee Agreement) arrangements if we believe your case is likely to succeed.
Get in touch
To find out more or discuss whether you have grounds to pursue a personal injury claim, contact the personal injury team on 0161 930 5151 or at enquiries@gorvins.com. Alternatively, complete the online contact form below.
We’re here to help you navigate the process and secure the compensation you deserve.