What legal principles apply to personal injury claims in England and Wales?

Personal injury claims are governed by negligence law, requiring proof that a duty of care was owed, breached, and caused your injury. Most claims follow the Pre-Action Protocol for Personal Injury Claims. Gathering evidence promptly, particularly medical records and contemporaneous notes, is significantly more persuasive than assembling evidence months after the incident.

What medical evidence should I collect after an injury?

You should request GP and hospital A&E records early using a Subject Access Request to establish the injury and its cause. You should also take photographs of injuries immediately after the accident. A medico-legal expert report is usually obtained through a solicitor, with costs recoverable if you win the claim.

How should I document the accident scene and witnesses?

Take photographs of the scene, hazard, or defect from multiple angles as conditions change quickly. Obtain any official accident report from the employer or venue. Request preservation of CCTV footage immediately, as it may be overwritten within days. Also, record the names and contact details of any witnesses present.

What financial documents are needed to prove losses?

Keep payslips and employer letters confirming time off and loss of earnings. Retain receipts for prescription costs, travel to medical appointments, aids, and adaptations. You should also keep receipts for care provided by family or friends, noting the time and hours, and for any damage to clothing or personal property.

How long do I have to secure CCTV footage?

Yes, you should request preservation of CCTV footage immediately after the accident. Such footage may be overwritten within days, so prompt action is necessary to ensure the evidence remains available for your claim.

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evidence

Civil Litigation

Updated 2026-04-09

Evidence Checklist for a Personal Injury Claim

Evidence to gather after an accident or injury to support a personal injury compensation claim.

Overview

Personal injury claims are primarily governed by the law of negligence. To succeed you must show: a duty of care was owed, it was breached, and that breach caused your injury and losses. Evidence gathered promptly — especially medical evidence and contemporaneous records — is far more persuasive than evidence assembled months later. Most personal injury claims proceed under the Pre-Action Protocol for Personal Injury Claims.

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Medical Evidence

GP records and records from any hospital A&E attendance(Essential)

Request these early via a Subject Access Request (SAR) — they establish the injury and its cause

Photographs of injuries taken as soon as possible after the accident(Essential)

Medical report from a medico-legal expert (usually obtained through a solicitor)(Essential)

The claimant instructs a medical expert under the Protocol — costs are recoverable if you win

Physiotherapy, specialist, or consultant records

Accident Evidence

Photographs of the scene, hazard, or defect that caused the accident(Essential)

Photograph from multiple angles — conditions change quickly

Official accident report (e.g. from employer, local authority, or venue)(Essential)

CCTV footage — request preservation immediately (it may be overwritten within days)

Names and contact details of witnesses(Essential)

Weather conditions if relevant (for road traffic accidents)

Financial Losses

Payslips and employer letter confirming time off and loss of earnings(Essential)

Receipts for prescription costs, travel to medical appointments, aids, and adaptations(Essential)

Receipts for care provided by family or friends (note time and hours)

Receipts for damage to clothing or personal property in the accident

Related Guides

Related Rights

Your Rights as a Consumer

Official Resources

Pre-Action Protocol for Personal Injury Claims →Official Injury Claim (RTA Portal) →

Frequently asked questions

What legal principles apply to personal injury claims in England and Wales?: Personal injury claims are governed by negligence law, requiring proof that a duty of care was owed, breached, and caused your injury. Most claims follow the Pre-Action Protocol for Personal Injury Claims. Gathering evidence promptly, particularly medical records and contemporaneous notes, is significantly more persuasive than assembling evidence months after the incident.
What medical evidence should I collect after an injury?: You should request GP and hospital A&E records early using a Subject Access Request to establish the injury and its cause. You should also take photographs of injuries immediately after the accident. A medico-legal expert report is usually obtained through a solicitor, with costs recoverable if you win the claim.
How should I document the accident scene and witnesses?: Take photographs of the scene, hazard, or defect from multiple angles as conditions change quickly. Obtain any official accident report from the employer or venue. Request preservation of CCTV footage immediately, as it may be overwritten within days. Also, record the names and contact details of any witnesses present.
What financial documents are needed to prove losses?: Keep payslips and employer letters confirming time off and loss of earnings. Retain receipts for prescription costs, travel to medical appointments, aids, and adaptations. You should also keep receipts for care provided by family or friends, noting the time and hours, and for any damage to clothing or personal property.
How long do I have to secure CCTV footage?: Yes, you should request preservation of CCTV footage immediately after the accident. Such footage may be overwritten within days, so prompt action is necessary to ensure the evidence remains available for your claim.