The evidence needed for a personal injury claim will depend on how the accident happened, the injuries you sustained and the impact they have had on you. Evidence can help show what happened, who was responsible and how the accident caused your injuries. It can also demonstrate any financial losses or care needs that have resulted.

Different types of evidence perform different roles. Medical records can document your injuries and treatment. Photographs and accident reports can help establish the circumstances of the incident. Witnesses can provide an independent account of what happened. Financial records can show the losses and expenses you have experienced.

You do not need to obtain all of this evidence yourself. JMW's personal injury solicitors will identify what is relevant to your claim and help gather the records, statements and expert reports required.

What Types of Evidence Can Support a Personal Injury Claim?

Evidence can help establish different parts of an injury claim. Some evidence shows how the accident happened and who was responsible. Other records demonstrate the injuries caused by the accident or the effect they have had on your day-to-day life. The evidence can also be used to calculate the financial losses and future needs that form part of a compensation claim.

Medical records and independent medical evidence

Medical records are often an important part of a personal injury claim. They can document when you sought medical care, the symptoms you reported, the injuries identified and the treatment you received.

Relevant records may include information from your GP, hospital or another healthcare service. They can provide a timeline of your medical appointments following the accident and record investigations, referrals, medication and treatment. NHS England explains how medical records can be requested from the organisation that holds them. JMW can obtain the records relevant to your claim with your consent.

Medical records are different from independent medical evidence prepared specifically for the claim. JMW may arrange an appointment with an independent medical expert who has appropriate expertise in the injuries involved.

The medical expert can examine you and review your medical records before preparing a medical report. Depending on the circumstances, this may address:

• The injuries you sustained.
• Whether the injuries are consistent with the accident.
• The treatment you have received.
• Your current symptoms and how they affect you.
• Your prognosis and likely recovery.
• Any ongoing treatment, rehabilitation, care or support needs.

Further medical evidence may be appropriate if the prognosis is not yet clear or the impact of an injury develops over time. The purpose is to build an accurate medical picture rather than make assumptions about how an injury will affect you in the future.

Photographs, video and CCTV evidence

Photographic evidence can provide a clear record of the accident scene and the conditions at the time. It may be particularly useful where those conditions are likely to change after the accident.

Depending on how the accident happened, photographs might show a hazard, damaged equipment, the wider surrounding area or visible injuries. Taking photographs from different angles can provide useful context. Images taken during recovery may also help record how visible injuries change over time where this is relevant.

Video evidence may capture more of the scene or show how a particular hazard or piece of equipment operated. CCTV can be particularly valuable where cameras recorded the accident or the events immediately before it.

CCTV is not always retained indefinitely. It is therefore useful to identify relevant footage promptly. It may also be possible to request footage containing your personal data. The Information Commissioner's Office provides guidance on subject access requests and CCTV. JMW can advise on the appropriate steps and seek relevant footage where it may support the claim.

Accident and incident reports

An accident or incident report can provide a record made at or around the time the accident happened. This can help confirm the date, location and circumstances reported soon after the event.

The type of report will depend on where the accident occurred. For example, an accident at work may have been entered into an accident book. An incident in a public place may have been reported to a local authority, occupier or other organisation responsible for the location. Some road traffic accidents may also involve a police report.

Certain workplace incidents may also result in reports or investigation material involving the Health and Safety Executive. The HSE explains which work-related incidents must be reported under RIDDOR. Where the HSE has investigated an incident, its findings may provide independent information about working conditions, equipment, safety arrangements or the circumstances of the accident.

Accidents can occur anywhere and different records may exist depending on the circumstances. Seek legal advice if you are unsure which reports could be relevant to your personal injury claim.

Witness statements

Witness statements can provide important evidence about how an accident happened. A person who was present may be able to describe what they saw, the conditions at the scene and events immediately before or after the incident.

Witness evidence is not limited to people who saw the accident itself. A family member, friend or another person who knows you well may be able to explain how your injuries have affected your day-to-day life. They might describe changes to your mobility, independence or usual activities. They may also explain care and assistance they have provided.

Where witnesses are relevant, JMW can contact them and obtain detailed statements. This means you do not need to prepare formal witness statements yourself. If possible, obtaining names and contact details at an early stage can make it easier for us to speak to the right people while their recollection remains clear.

The other party may also rely on witness evidence. Our solicitors will review all relevant statements and advise how they relate to the wider evidence in your claim.

Evidence of financial losses

Personal injury compensation claims can take account of relevant financial losses caused by an injury. Documents are needed to establish what those losses are and how they relate to the accident.

If your injuries have affected your ability to work, evidence may include payslips, correspondence from your employer and other employment records showing your usual earnings and any income you have lost.

People who are self-employed may need different evidence. This could include accounts, tax records, invoices or other financial records that help establish usual earnings and the impact of the injury on their work.

You should also keep receipts and records of reasonable expenses arising from the injuries. Depending on your circumstances, these may include:

• Travel expenses for medical appointments.
• Prescription or medication costs.
• Treatment and rehabilitation expenses.
• Equipment required because of your injuries.
• Paid care and assistance.
• Other reasonable costs directly related to the accident and injury.

Financial losses differ from one person to another. JMW will review the documents available and advise which losses and expenses can form part of your compensation claim. Keeping receipts as costs arise can make this evidence easier to organise later.

Evidence of care and assistance

Some injuries mean that a person requires additional help with everyday activities. This assistance might be provided by a professional carer, family member or friend.

Evidence can help establish what care has already been provided and whether support is likely to be required in the future. A family member may provide a statement describing the assistance they give. Records of paid care can also help evidence the support received and its cost.

For more serious injuries, an independent care expert may assess the person's circumstances and support needs. The expert can prepare a report setting out the care and assistance they consider appropriate. This may also address specialist equipment or adaptations where relevant.

JMW's approach to serious injury claims includes looking at practical support as well as the legal claim. Where appropriate, our solicitors can act quickly to help put suitable care and rehabilitation arrangements in place while the claim progresses.

Engineer's reports

An engineer's report may be needed where technical evidence can help explain how an accident occurred.

This can be relevant in accidents involving machinery, equipment, structures or industrial processes. An engineer may examine how equipment operated, whether a component failed and whether relevant safety systems or procedures were in place.

Engineering evidence can also be useful where a claim requires specialist analysis of historic working conditions or exposure. The precise expertise required will depend on the circumstances.

The purpose of an engineer's report is to provide independent technical evidence on matters outside ordinary knowledge. JMW will identify when this form of expert evidence could assist and instruct an expert with the appropriate specialism.

Occupational health reports

Occupational health evidence can be relevant where working conditions, practices or processes need specialist assessment.

This is distinct from an engineer's report. An engineer may focus on machinery, equipment or another technical issue. Occupational health evidence may instead consider workplace systems, conditions and their relationship to an injury or condition.

The type of expert evidence required will depend on how the accident happened and the issues that need to be established. JMW can assess which form of specialist evidence is appropriate rather than asking you to identify or instruct experts yourself.

Coroner's reports and inquest evidence

Evidence from a coroner's investigation may be relevant in some claims following a fatal accident.

Coroners investigate certain deaths and can make findings about how a person died and the circumstances surrounding their death. The Ministry of Justice's Guide to Coroner Services explains the coroner investigation and inquest process in England and Wales.

JMW can review relevant reports and evidence from an inquest alongside medical records, witness evidence and other material. We can then advise eligible family members or the estate about how that evidence relates to a potential compensation claim.

How Do I Gather Evidence for a Personal Injury Claim?

Gathering useful information after an accident can help create an accurate record of what happened. However, the evidence available will vary between cases. You should not be concerned if an injury or the circumstances meant you could not complete every step yourself.

Seek appropriate medical attention

Your health should be the priority after an accident. Seek appropriate medical care for your injuries and attend recommended medical appointments.

The records produced during treatment can later form important medical evidence. Keep details of appointments, prescriptions and relevant expenses where possible.

You do not need to arrange an independent medical report yourself. If one is needed as part of the claim process, JMW can arrange an assessment with an appropriate medical expert.

Report the accident

Report the accident to the appropriate person or organisation where possible. Doing so can create a contemporaneous record of the incident.

For example, an accident at work should normally be reported to the employer so that it can be recorded. An accident in another location may need to be reported to the local authority, occupier or organisation responsible for the area. The police may need to be contacted following some road traffic accidents.

Keep any report, correspondence or reference number you receive. If you are unsure who the incident should have been reported to, JMW can advise based on where and how the accident occurred.

Photograph or record the scene

If you are able to do so, take photographs of the location and anything that may help explain what happened.

Try to capture both the wider scene and specific features that may be relevant. Photographs from different angles can make the location and circumstances easier to understand. If there is a hazard, defect or damaged equipment, record it clearly where possible.

You can also retain photographs of visible injuries where appropriate. Do not delay medical care in order to collect photographs or other evidence.

Take witness contact details

If somebody saw the accident, ask for their name and contact details where possible.

You do not need to obtain a detailed statement from them yourself. Providing their details to your solicitor allows JMW to contact them and take an appropriate witness statement.

It is useful to identify witnesses early because recollections may become less detailed with time and people can become more difficult to contact.

Keep receipts and financial records

Keep documents relating to your expenses and financial losses as they arise. This may include receipts, payslips, invoices, travel records and other financial documents.

You may also find it useful to keep a simple record of expenditure connected with your injuries. Give this information and the supporting records to your solicitor so they can assess which losses may be included in the claim.

What if You Could Not Gather Evidence at the Time of the Accident?

You should still seek legal advice if you were unable to take photographs, speak to witnesses or gather other evidence when the accident happened.

Your immediate priority may have been obtaining medical care. You may also have had no reason to know which information would later become relevant. This does not mean you are expected to reconstruct the evidence yourself.

JMW can investigate other potential sources. Depending on the circumstances, we may be able to obtain medical records, accident reports, CCTV footage, witness statements and documentation held by another organisation. We can also instruct a medical expert, engineer, care expert or another specialist where appropriate.

Provide as much information as you can about the accident date, location, people or organisations involved and the injuries you sustained. We can then identify what further evidence should be sought.

Some of the most important evidence is held by the other side, and they are obliged to produce it. Once a claim is formally notified, the pre-action protocol requires the defendant to investigate and disclose documents relevant to the issues. In a workplace claim that can include risk assessments, training records, maintenance logs and inspection sheets. In a claim against an occupier it can include cleaning and inspection schedules.

This is often where a case is proved. You do not need to have gathered these documents yourself, and in most cases you could not have been reasonably expected to do so.

How Does JMW Gather Evidence for a Personal Injury Claim?

JMW takes an active role in obtaining the evidence needed for a personal injury claim. Once we understand the circumstances, we will identify which records, statements and expert reports are relevant and take the appropriate steps to obtain them.

Depending on the claim, our personal injury solicitors can:

• Obtain relevant medical records with your consent.
• Request accident and incident documentation.
• Contact witnesses and prepare witness statements.
• Seek CCTV or other available footage.
• Arrange medical appointments with independent experts.
• Instruct engineers, care experts and other appropriate specialists.
• Review financial records and evidence of financial losses.
• Identify and obtain further evidence as new issues become clear.

This means you do not need to know at the outset exactly what evidence your case requires. We will explain what is needed and manage the evidence-gathering process on your behalf.

For an overview of the stages before and after evidence gathering, read JMW's Lifecycle of a Personal Injury Claim or our more detailed step-by-step guide to claiming for personal injury.

What Happens When JMW Reviews the Evidence?

We review evidence carefully once it is received. This includes checking expert reports and other documentation for factual accuracy and making sure the evidence addresses the relevant issues in your personal injury claim.

Where appropriate, we will ask you to check information relating to your injuries and circumstances. We will explain what the evidence means and advise on the next step.

Sometimes the available evidence gives a sufficiently clear picture of the injuries, prognosis and financial losses to progress the claim. In other circumstances, further evidence may be appropriate. For example, a medical report may recommend another assessment or more information may be required about future care needs.

Once the necessary evidence is available, it can be used to support the compensation claim and negotiations with the other party. If court proceedings become necessary, the evidence will also form an important part of preparing the case. Most claims settle without ever reaching a final hearing.

The personal injury claims process guide explains what can happen at later stages in more detail.

Why Should Evidence Be Collected Promptly?

Some evidence can become more difficult to obtain as time passes. CCTV may be overwritten, physical conditions at an accident scene can change and witnesses' recollections may become less detailed.

Seeking legal advice promptly gives JMW more opportunity to identify relevant sources and take steps to preserve or obtain evidence.

There are also legal time limits for personal injury claims in England and Wales. Under the Limitation Act 1980, court proceedings for most personal injury claims must usually begin within three years of the accident or the relevant date of knowledge. Different rules can apply, including for children and people who lack mental capacity.

Read JMW's guide to the personal injury claim time limit for a fuller explanation of the rules and exceptions that may apply to your circumstances.

How Does Evidence Affect Personal Injury Compensation?

Evidence helps establish both the effect of your injuries and the financial losses that should be considered when compensation is assessed.

Medical records and independent medical reports can provide evidence about the nature of your injuries, treatment, recovery and prognosis. This helps establish the impact of the injuries themselves and any future needs.

Financial records provide evidence of losses and expenses. Payslips or accounts may establish loss of earnings. Receipts can show travel expenses, treatment costs and other relevant expenditure. Care evidence can help establish the assistance already provided and future support needs.

Every compensation claim is assessed according to its own circumstances. There is no standard amount of compensation for a particular accident or injury. Use JMW's Personal Injury Compensation Calculator for more information about how compensation for different injuries may be assessed.