By Daniel Janeway. Last Updated 16th June 2022. In this online guide, we are going to look at how to prove a personal injury claim. Depending on the circumstances of your claim, different types of evidence would be appropriate for showing how an accident happened and demonstrating how it affected you.
We will cover the evidence that you could use to support your claim in this guide. After reading, you should have a general understanding of how a No Win No Fee accident solicitor could help you pursue your personal injury claim.
If you do need more help or questions answered after reading this guide, please call and speak with one of our claim advisors. They will have the answers for you and can offer you more free legal advice on starting a claim. You can get in touch by:
- Calling 0800 408 7825
- Filling out our contact form
- Using our live chat feature to the bottom right of this screen
Select A Section:
- How Do I Prove My Personal Injury Claim?
- How Medical Evidence Can Help Support Your Claim
- Learn How To Prove A Personal Injury Claim With Physical Evidence
- Other Supporting Documentation
- Table Of Documentation For Different Claims
- Personal Injury Claim Compensation Payout Examples
- Talk To A Solicitor To Find Out How To Prove A Personal Injury Claim
- Related Personal Injury Claims
One question that we’re often asked is how to prove personal injury claims. When making a claim for personal injury caused by negligence, evidence is really important.
You’ll be asked to provide evidence of two main aspects of your case. First, you’ll need to prove that the accident took place because someone else was negligent and breached the duty of care they owed you.
You will also need to prove your injuries. This means showing evidence both of the extent of your injuries and how they’ve affected your quality of life.
If you’re not able to provide evidence supporting these two different aspects of your claim, you may not receive any compensation at all for your injuries.
In this guide, we’ll examine the evidence that could be used to support your claim. We’ll also examine how a No Win No Fee solicitor could be beneficial in you getting the compensation you’re entitled to. If at any point you’d like to ask additional questions or receive free legal advice, you can speak with an advisor from our claims team.
If you’re wondering how to prove a personal injury claim with medical evidence, this section could help. As part of your compensation claim, you’ll be asked to provide evidence of your injuries.
For this reason, we always recommend seeking medical attention after you’ve been injured. This will allow you to get the treatment you need for your injuries. In addition to this, it will generate a report that you can use to support your claim.
You might also be able to provide details of any ongoing treatment you are having to go through, such as physiotherapy or Information about any mental health issues caused by your injuries.
As part of your claim, you’ll be invited to a medical appointment. This is where an independent expert will assess your injuries and compile a report from their findings. This report can be used to calculate the payout amount you will receive. A solicitor from our panel may be able to arrange this assessment in your local area to reduce travel time; get in touch with our claims team today for more information.
In addition to demonstrating the injuries you sustained, you may be wondering how to prove a personal injury claim is valid. You can do this by showing how the accident occurred.
In order to claim compensation, you need to show that the accident happened because of negligence. This means that someone with a duty of care towards you breached this duty, causing an accident in which you were injured.
Some of the physical evidence you could use to support your claim might include:
- Photograph or video of the circumstances that led to the accident.
- Witness statements from anybody who saw the accident could be submitted.
- Financial records that prove your losses, costs or expenses associated with the injuries. This could support a part of your claim known as special damages.
This list of evidence that could be used to support your claim is not exhaustive. One of our advisors may be able to advise you of the evidence you could collect. Get in touch with our claims team today for free legal advice.
The last part of proving a personal injury claim is providing supporting documentation. If you work with a personal injury lawyer, they’ll be able to tell you about any other documentation that is needed.
You’ll usually be asked to provide photo identification before continuing with a claim. This could be a passport or a driving license.
You might also be asked to provide proof of address. For example, you might be asked to provide a recent bill, such as a council tax bill, that displays your name and address.
Different kinds of claims might necessitate that you provide different evidence. For example, when you make a claim through the Criminal Injuries Compensation Authority (CICA) for something like assault, you might be asked to provide evidence of your past working history in order to claim loss of earnings.
If you are unsure of what documents you could be asked to provide as part of the claims process, please give us a call. One of our claim advisors will be happy to help you and offer you free legal advice about how to prove a personal injury claim.
The table below shows how to prove a personal injury claim by submitting additional documentation. The documents you’re asked to provide will vary based on the type of claim you are making.
|Type of Claim||Needed Documentation|
|Fall, slip or trip.||Evidence such as photographs that show the hazard causing the accident.|
|Industrial Disease||Medical proof that the industrial illness was caused by a hazard in the workplace.|
|Road Traffic Accident||A drawing of the scene of the accident, showing the position of vehicles and other hazards.|
|Accident in the Workplace||Information about any machinery that caused the hazard resulting in a workplace accident.|
Having learned how to prove a personal injury claim, you may be wondering how much compensation you could be entitled to. Compensation can be made up of special and general damages.
General damages are the part of your claim that compensate you for the pain and suffering your injuries have caused you. This can be psychological or physical pain.
Below, we’ve included a table of some guideline compensation brackets for different injuries of varying severities. The Judicial College produces the guidelines that we based this table on.
|Arm Injury||Severe||£96,160 to £130,930||Where injury to the brachial plexus, for example, leaves the claimant little better off than if the arm had been altogether lost.|
|Elbow Injury||Less Severe||£15,650 to £32,010||Where function is impaired but any disability is not significant and no major surgery is required.|
|Wrist Injury||£6,080 to £10,350||Where a fracture or soft tissue injury has resulted in a complete recovery, despite healing taking longer.|
|Foot Injury||Modest||Up to £13,740||Injuries within this bracket will include simple metatarsal fractures and ruptured ligaments.|
|Back Injury||Moderate||Up to £38,780||Where the muscles and ligaments in the back have been disturbed, leading to backache.|
|Thumb Injury||Severe Dislocation||£6,340 to £7,780||Where the thumb has been severely dislocated.|
|Achilles Tendon Injury||Serious||£24,990 to £30,090||Where the tendon has been completely divided and then repaired, leaving residual weakness and limited ankle movement.|
|Toe Injuries||Serious||£9,600 to £13,740||Where a serious injury has caused some permanent discomfort, pain or sensitivity in scarring.|
You may also be able to claim special damages. These are paid to compensate you for financial loss caused by your injuries. You will need to prove this loss in order to claim.
How To Prove Financial Losses In A Personal Injury Claim
This section focuses on how to prove a personal injury claim in terms of financial loss. This includes proving any expenses you experienced as a result of your injuries. However, in order to be reimbursed for these costs, you will need to gather and acquire evidence.
Here are some examples of special damages and some relevant evidence that could support your claim:
- Loss of earnings – Your injury may affect your income if the ailment prevents you from working. By presenting payslips, you can prove how much you would have earned during your recovery period. This can include bonuses and pension contributions too.
- Travel costs – You may have to pay for alternative travel arrangements such as taxis or trains if your ability to drive has been compromised. Make sure you keep hold of the tickets and receipts.
- Other expenses – Purchases that you are prevented from enjoying due to your injury may also be included in a special damages payment. For example, you may have booked a holiday you can no longer go on. Keep the receipts or source copies if you have misplaced them.
Get in touch for more information, including tips on how to win your personal injury claim.
Now that we’ve looked at how to prove a personal injury claim, we’ll discuss the role a solicitor could play in you receiving compensation. While you don’t have to engage the services of a solicitor, doing so could provide you with advice and guidance that strengthens your claim for compensation.
You may be able to engage a lawyer who is working under a No Win No Fee arrangement to process your claim for you. This is also referred to as a Conditional Fee Agreement. Fundamentally, under such an agreement you don’t pay your lawyer any upfront or ongoing fees. In fact, you don’t pay them anything at all if they aren’t successful in securing your compensation.
If your claim is successful, then a success fee will be deducted from your compensation. However, this is legally capped, meaning that you always get the majority of the compensation you’re awarded.
If you would like to know now about how a No Win No Fee lawyer works, or if you have other questions that this guide has not answered, please reach out to our claims team. They can help you and provide the answers that you need. They can also tell you how to move forward with your claim. You can contact us using the information below.
- Telephone: 0800 408 7825
- Our live chat feature to the bottom right of this screen
- Or use our web contact form
Here are some links to some websites that have some useful info.
Request CCTV footage that you appear in
See if you could be eligible to claim Statutory Sick Pay (SSP)
Also, you might like to read over some of the other claims guides we have punished, here are some links.
Thank you for reading our guide looking at how to prove a personal injury claim.