1st December 2021
If you or someone you care about has suffered an injury after an accident, then you might be thinking about making a claim to seek justice and compensation.
As a Claimant, you will need to prove that your injury was directly caused by negligence or was the fault of someone else. In order to put forward a strong claim it is important to instruct a specialist solicitor and also gather as much evidence as possible to support your case.
Our experienced team of Personal Injury Lawyers explain what type of evidence can be used when seeking compensation after an injury.
The best time to gather evidence, is immediately after the incident has happened.
Depending on the extent of your injuries, or if you had other people around you at the time of the accident, then this may be more difficult to do.
Evidence that can help includes:
Statements from eyewitnesses. Obtaining names and contact details can be very valuable as this can save time should there be an appeal for witnesses after the event. Remember, the extent of the injuries may not be apparent straight away, so taking details is useful as you may need to get in contact with them later.
Photographs. Photographic evidence is crucial for most claims. Pictures of the scene of the accident along with photos of injuries are required. For example, if the accident was on the road, positioning of the cars, signs, potholes etc. are useful. If you do not manage to get photos at the time of the accident, then it is worthwhile returning later.
Dash-cam footage / CCTV. Real-time proof of an accident or injury can be evidenced in camera footage. It is important to get copies of this as soon as possible especially as CCTV can often be deleted after 4 weeks.
Being involved in an accident can be incredibly stressful. At the time you may be more focussed on seeking medical attention, than gathering evidence. At the time you might not be able to think clearly or may not realise that there is an accident claim to make.
After your accident there is more evidence that you can gather to build you case, including:
Photos after the Accident. Returning to the accident scene to take pictures is useful. Using a ruler or tape measure can help portray distances and depths to the Lawyers, judges and insurance companies reviewing the evidence. Be as detailed as possible, taking photos from different angles, and photographing any damage or other evidence from the scene. If you are not able to do this yourself, ask a friend or family member to take pictures on your behalf.
Photographs of Injuries. As your injuries progress, keep taking photos and document your recovery as bruising, swelling and scarring will not be visible in your initial injury photos.
Diagrams and Drawings. Sometimes visual aids can help explain what happened.
Emergency Services & Employer Reports. If emergency services were called to your accident, then their report will help support what happened in your claim. If your accident took place at work or in a public place such as a gym, restaurant or shopping centre, it is helpful to obtain a copy of any accident report completed.
Medical Records. Obtain advice from your GP or hospital depending on the severity of your injuries. It is likely that your solicitor will request a copy of these records and instruct an independent medical expert to examine you and prepare a report. This expert will review your records.
Pain / Recovery Diary. Many injuries develop over time. It is useful to make some notes about your pain, suffering, appointments etc. to keep on your file. This could also include details of your mental health, sleeping habits and detail any day-to-day activities to note – such as when you have been unable to drive, unable to dress yourself etc. It is also sensible to document any conversations with your insurance company, police or employer.
Receipts. When looking to submit a claim it is ideal to have records of any costs you have had to incur because of your injuries. This could include transport / fuel to and from medical appointments, prescriptions and over-the-counter drugs, treatments and physiotherapy, care fees and purchases to aid your recovery, for example mobility costs, adaptations, or specialist equipment for your home.
Loss of Earnings. One of the most substantial parts of a claim can be for loss of earnings and loss of potential future earnings. This is particularly important when someone has sustained life-changing injuries that will prevent them from working in the future or directly impact their ability to continue in their profession. Keep records of lost work, sick pay and the loss of earnings for a partner or family member who has taken time off work to care for you.
Proof of Ownership. If any of your personal possessions were lost or damaged as a result of your accident (e.g., car, bike, mobile phone, jewellery) then receipts, insurance details or other proof of ownership evidence is useful for your claim.
At Lamb Brooks, we pride ourselves on dealing with injury claims in a calm, sensitive and honest way. Our experts will be able to tell you quickly whether you have a case to take forward or not and will do so on a no win, no fee basis, meaning that you carry no risk.
With over 75 years of collective experience, you can be assured that whatever injury you have sustained, our team has dealt with a similar case before and will be able to provide you with expert advice.
To speak to someone today, please call us on 01256 844888 or email firstname.lastname@example.org. Alternatively, if you would like someone to call or email you, please speak to our online chat assistant or submit your details on our contact form and someone will call you back promptly.
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The contents of this article are for the purposes of general awareness only. They do not purport to constitute legal or professional advice. The law may have changed since this article was published. Readers should not act on the basis of the information included and should take appropriate professional advice upon their own particular circumstances.
Lamb Brooks LLP
Victoria House 39 Winchester Street Basingstoke Hampshire RG21 7EQ
f: 01256 330 933
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