Evidence for a personal injury claim

A personal injury claim is only as strong as the evidence behind it. The law does not take your word for what happened or how badly you were hurt; it asks you to prove that someone else was at fault and that your injuries and losses are real. The reassuring part is that most of the evidence you need is ordinary, everyday material — records, photographs and receipts — and your solicitor gathers the technical parts for you. This guide explains exactly what to collect, why each item matters, and how to make sure nothing important is lost before it can be used.

Before we start, a reminder of what this page is: independent information, not legal advice about your situation. For advice on your own evidence, speak to an SRA-regulated solicitor. If you have just had an accident, our guide on what to do after an accident covers the first practical steps.

Medical evidence

Medical evidence is the backbone of any injury claim. It does two jobs: it shows that you were injured, and it links that injury to the accident. The starting point is your contemporaneous medical records — what your GP wrote when you visited, the A&E notes from the night of the accident, hospital discharge letters, scan results and physiotherapy records. Because these are created at the time, they carry real weight, which is why seeing a clinician promptly matters for the claim as well as for your recovery. "Toughing it out" with no record leaves a gap a defendant's insurer will happily point to.

The single most important medical document, though, is the independent medical report — a medico-legal report written by a doctor instructed specifically for your claim. It sets out your diagnosis, confirms the injuries were caused by the accident, and gives a prognosis for recovery. This report is what your solicitor and the insurer use to value your injury against the Judicial College Guidelines. Your solicitor arranges it; for road-traffic whiplash claims the expert is sourced through the MedCo portal, which provides accredited experts to keep the process independent. You do not pay for this up front on a no-win-no-fee basis, and attending the appointment is one of the few things you actively need to do.

Evidence of how it happened (liability)

To recover compensation you must show that someone else was legally responsible — the lawyers call this liability. Medical evidence proves you were hurt; liability evidence proves whose fault it was. The best time to capture it is in the minutes, hours and days after the accident, while the scene and memories are fresh.

• Photographs and video of the scene, the hazard that caused the accident (the spilt liquid, the broken step, the pothole), the position of vehicles, and your visible injuries. Date-stamped images from a phone are ideal.
• Dashcam footage for road accidents, which can settle a liability dispute outright. Save and back it up before the device overwrites it.
• CCTV from a nearby shop, car park, council camera or workplace. This is frequently overwritten within days or weeks, so it must be requested quickly (see below).
• The accident book at work. Employers must record workplace accidents, and a contemporaneous entry is strong evidence; serious incidents must also be reported to the HSE under RIDDOR. Ask for a copy of your entry.
• A police report reference for road-traffic collisions reported to the police under the Road Traffic Act 1988, which can confirm the circumstances and the other driver's details.
• Weather and road conditions, lighting, signage or the lack of a warning sign — small details that often decide who was at fault.

Witness evidence

Independent witnesses — people with no stake in your claim — can be decisive, because an insurer finds it far harder to dispute an account from a neutral bystander than from the injured person. At the scene, politely ask anyone who saw what happened for their name and contact details. You do not need a full statement there and then; your solicitor will take a formal witness statement later if needed. Even a passenger or colleague who saw the immediate aftermath can help confirm the circumstances and the effect on you. The earlier you capture their details, the more likely they are still reachable when the claim progresses.

Financial evidence (to prove your losses)

Compensation comes in two parts: general damages for the injury itself, and special damages for your financial losses. Special damages are calculated from documents, not estimated, so good paperwork directly increases what you can recover. For many claimants the financial losses — particularly lost earnings and care — are the larger part of the claim. Our guide to what compensation covers breaks down each category.

In short, keep payslips and any Statutory Sick Pay (SSP) records for lost earnings, receipts for treatment, prescriptions, travel and equipment, a note of care provided by family or friends (which has a value even when unpaid), and invoices for vehicle repairs or home adaptations. If in doubt, keep it.

A symptoms and pain diary

One of the most useful pieces of evidence costs nothing: a contemporaneous pain diary. Memory fades, and by the time your claim is valued — sometimes a year or more after the accident — it is genuinely hard to recall how bad week three felt. A simple dated record fixes that. Note your pain levels, disturbed sleep, reduced mobility, the activities and hobbies you had to miss, days off work, and the help you needed with everyday tasks. These notes give the medical expert and your solicitor an accurate picture of your loss of amenity — the effect of the injury on your day-to-day life — which is exactly what general damages compensate. Start one as soon as you can; you can keep it on paper or your phone.

Evidence is not about proving you are a perfect victim — it is about creating an honest, dated record so that, months later, the truth of what happened and how it affected you can speak for itself.

Keeping evidence and the duty of honesty

Keep everything connected to your accident and injury until your claim is fully resolved and any appeal period has passed — that means records, photographs, the diary and every receipt. Defendants and their insurers are entitled to test your evidence, and gaps or inconsistencies weaken a claim.

Just as important is being accurate and consistent. What you tell your GP, what you write in your diary and what you say to the medical expert should all match the truth. Overstating your symptoms is not a harmless exaggeration; the courts can treat it as fundamental dishonesty.

Disclosure and your solicitor's role

Once a claim is under way, both sides must show each other the relevant documents they hold. This process, called disclosure, is governed by the Civil Procedure Rules, and it includes documents that help and harm your case — another reason honesty matters. You will not have to navigate this alone. Your solicitor gathers and organises the evidence, obtains your medical records with your consent, instructs the independent medical expert, and arranges any further specialists (such as an engineer or an accountant for complex losses). Your job is mainly to preserve what you have and hand it over. The claim process guide shows where evidence fits into each stage.

Act within the time limit — it keeps evidence fresh

Acting promptly is not only about the deadline; early action means clearer memories, available CCTV and contactable witnesses. But the deadline matters too.

Your evidence checklist

Use this as a practical list of what to gather and keep:

1. See a GP or A&E promptly and keep all medical paperwork.
2. Photograph the scene, the cause of the accident and your injuries.
3. Save dashcam footage and request nearby CCTV in writing, fast.
4. Get a copy of the accident-book entry (work) or police reference (road).
5. Collect witness names and contact details at the scene.
6. Keep payslips, SSP records and every receipt and invoice.
7. Start a dated pain and symptoms diary.
8. Store everything safely until the claim is fully resolved.
9. Contact an SRA-regulated solicitor and hand the evidence over.

Frequently asked questions

Next, see how the claim process works stage by stage, learn what compensation covers, or read about specific situations such as a work accident claim. You can also return to the homepage for the full guide library.