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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

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