Josh Carter
The key to a successful personal injury claim is strong evidence, however, we understand that if you have suffered an injury that was not your fault, gathering evidence at the time is likely the last thing on your mind.
Your priority should always be to seek appropriate medical attention as soon as possible so your injuries can be assessed and treated. Once you are able, you may feel you are entitled to compensation but worry that you have little or no evidence and that this prevents you from bringing a claim.
This blog sets out practical ways an accident can be evidenced even without contemporaneous material. Although contemporaneous evidence is very helpful, not having your own evidence at the time is not necessarily a bar to bringing a claim after a serious injury.
1.Medical Records
Seeking medical treatment creates a paper trail that can help demonstrate that you were injured and when. With your authority, we can obtain your medical records. If you sought medical attention around the time of the accident, those records could assist in evidencing what happened and the nature of your injuries.
2.CCTV
If the accident occurred in a public place or at a commercial premises, it may have been captured on CCTV, which can be very persuasive evidence. However, CCTV is often overwritten within days or weeks. It is therefore important to request the footage, or instruct a solicitor to do so promptly.
3.Returning to the scene of the accident and photographing the defect
If your accident involved a pothole or defect in a pavement then the hazard may remain in place for some time. It is often worthwhile to return to the scene to take clear, detailed photographs of the defect to show its severity. If you are unable to do so, a family member or your legal representative may be able to attend. When photographing defects, take multiple images from different angles and distances, and, if possible, include a tape measure or a common object to indicate size.
4.Images of injury
Photographs of your injuries can help to show the impact of the accident on you. These can be taken at any time, including as your injuries evolve, to provide a visual record of their progression.
5.Witnesses
If there were witnesses to your accident, such as family members, friends or members of the public, keeping their contact details is helpful. Independent witness accounts can support your description of how the accident occurred.
6.Police reports
If the police attended, for example after a road traffic accident, there may be a police report. With your authority, we can request the relevant documentation, which can assist in evidencing the circumstances of the accident.
7.Accident reports
If you reported the accident to staff at a workplace, shop or other premises, an accident report may have been created. When a claim is made, the defendant is likely to review and disclose any such report, which can provide useful contemporaneous detail.
There are many ways to evidence a claim even if you did not obtain material at the time of your accident. If you have suffered an accident that you believe was not your fault and are unsure whether you have enough evidence to bring a claim, please contact us. We can review the circumstances with you and advise on the next steps and the evidence that may be available. We will always provide clear, realistic advice based on the facts of your case.