Evidence is essential to the success of a personal injury claim. Without it, it will prove difficult to obtain the justice that you’re entitled to. This means you need to ensure that you’re collecting as much of it as you can.
You’ll also need to be willing to be medically examined by specialists to prove that you have been injured. Despite it perhaps not being the most enjoyable experience you can go through, it’s necessary to your claim.
So what kinds of evidence do you need to boost your chances of a successful claim?
Photographing the defect
If your accident – and the resulting injury you suffered – was caused by any sort of defect in any product or in the environment you were in at the time, make sure you get photographs. This applies to any faulty product or piece of equipment, as well as any environmental feature, such as pavements, floors and roads.
It’s important to get a photograph as soon as possible after the accident. This prevents the party responsible for its maintenance making any changes to it in order to deny liability. For example, if you tripped on an uneven pavement, the local council could make an immediate repair. If you hadn’t been able to get a photograph, you would struggle to prove that the pavement was in the condition you say it was in.
Once you’ve approached a solicitor about pursuing a claim, you’ll have to undergo a medical in order for them to collect evidence about how the accident has caused you physical harm. This will typically be organised by your solicitor, so it’s not something you have to worry about yourself. These sorts of examinations are usually similar to a normal doctor’s appointment. The specialist will examine you and establish how severe the injury is and how it has an impact on your life.
Any compensation you’re awarded will be partly based on the evidence the medical specialist examining you provides. This part of the compensation is based on the Judicial College’s guidelines for the assessment of general damages in personal injury cases.
It is always a good idea to document your injury and how it progresses. This can take the form of photographs, videos and even written statements about how it has affected you and your daily life, including your family commitments.
Your solicitors will usually need to access your medical records so they can be used as evidence of the injury you sustained. This is particularly relevant if you had to have medical treatment straight after suffering the injury, such as from an accident and emergency department. Being able to show how the injury has caused you to suffer will help to bolster your case.
The importance of evidence
Evidence against the defendant is necessary in all legal cases. It’s in personal injury claims where it becomes essential to the eventual settlement reached between the two sides.
Medical evidence is necessary to prove the impact the injury has had – and, in many cases, will have – on you so it’s important to agree to the accessing of your records and to undergo the required medical.
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