In theory, the process of collecting evidence to support a personal injury claim is fairly straightforward. You gather as much information as possible at the scene, record as many details as you can, take third-party contact numbers and appoint a personal injury solicitor. In practice, depending upon the type of accident and injuries received, it is not always as straightforward. Therefore, when pursuing a personal injury claim you need to be aware of the type of evidence required and how this can be collated.
Record Details Of The Accident At The Scene
In the event of an accident the first thing to do is ensure there are no life-threatening injuries and any injuries received are treated as soon as possible. This may require calling out the emergency services or in some cases a visit to your local A&E or doctor. However, in the aftermath of an accident it can be easy to forget some details and therefore you should safely record as much information, as soon as possible.
There will be occasions where the claimant is incapacitated for one reason or another and, where applicable, they should ask a friend, work colleague or third-party to collect information from the scene. In the immediate aftermath of an accident the detail recorded may be fairly basic but it does give something to build on when looking to create a case. It may also reveal something you forget at a later date.
Take Witness Details
One of the most powerful types of evidence in personal injury claims is that of unconnected third parties. As with any court case, the details provided by a party with no connection to either the claimant or the defendant should offer an impartial and unbiased record of events. It is therefore vital that you obtain contact details for witnesses to the accident which can be used to give a more detailed and wider picture of the incident.
Unfortunately, many people automatically assume that witnesses will come forward at a later date only to be disappointed and see their evidence significantly weakened. So, whether witnesses stop to help you or they were simply passing at the time, it is imperative that you obtain their contact details.
Emergency Services
While not all accidents will require the attention of the emergency services, there are occasions where serious injuries are received and unfortunately some of these can result in death. As we touched on above, evidence from unconnected third-parties can prove vital when pursuing a case. Evidence from members of the emergency services, who are almost certainly totally unbiased, tends to be more factual than emotive and therefore extremely strong when looking to prove negligence.
While your personal injury solicitor will remind you of the fact you can use evidence supplied by members of the emergency services, it is worth remembering when putting together your initial report. You will often find that members of the emergency services are fairly experienced in giving evidence in court cases and are not easily bullied or intimidated by prosecution legal representatives.
Photographic Evidence Is Very Useful
They say a picture speaks a thousand words; well this is certainly the case when it comes to photographic evidence of an accident. Before the emergence of smart phones it was difficult to obtain photographic evidence in the immediate aftermath of an accident. However, in the modern day we find that either claimants or witnesses tend to have access to a smart phone and are able to take an array of photographs.
The position of vehicles in a road traffic accident claim, the type of fall experienced by the claimant and even weather conditions can be clarified using photographic evidence. In the event of a hit-and-run it may also be possible to take a photograph of fleeing vehicles/those leaving the scene of a crime and use these later for identification purposes. If possible, you should take as many photographs as you can of the scene, the vehicles, people involved and the immediate aftermath.
Medical Examinations
There are many personal injury claims where the initial injuries may not appear to require immediate medical attention. There are occasions where the adrenaline rush in the aftermath of an accident can sometimes mask pain and suffering which emerges later. In a perfect world you would receive some form of medical attention/examination at the scene of an accident but if “all seems well” many people do not go down this route.
Where there have been collisions and potential head injuries it is vital that you at least visit your doctor for a check over. The medical report can then be used in cases such as concussion injury claims as strong evidence. Concussion is a type of injury which is often dismissed but unfortunately if not treated it can easily result in death. If you begin to feel unwell and experience a degree of discomfort in the days after an accident it makes sense to visit your doctor for an examination. Your doctor may give you a clean bill of health but they may also diagnose both physical and potentially mental injuries associated with the accident. Do not automatically assume that physical/mental injuries will emerge immediately after an accident – this is often not the case!
Collating details Of The Incident
Collating a report about an incident you were involved in is akin to putting the pieces of a jigsaw together. Witness statements, medical examinations, photographic evidence and your immediate recollection of the incident all have a part to play. In isolation each element of evidence may appear inconclusive but if you put them all together it can often create a watertight personal injury claim.
This is the stage at which you should list everything you can remember, all evidence you have to hand as well as witness contact details. There may also be additional information not readily available at the time which a personal injury solicitor will be able to assist with. These may include company safety records with an accident at work, many of which can indicate long term trends.
Appointing A Personal Injury Solicitor
As with any court case, all claimants have the option of “going it alone” without legal representation. While relatively simple on the surface, the UK legal system is a potential minefield of technicalities and procedures. Even if you have a relatively strong personal injury claim this could be scuppered by missing deadlines, ignoring the technicalities and failing to follow legal procedure. Therefore, for many people it makes sense to appoint a personal injury solicitor.
When you approach a solicitor they will review details of your case and, where relevant, perhaps request additional information such as further medical evidence. The vast majority of solicitors have experience right across the board and will advise you fairly quickly whether or not you should pursue your case.
Specialist Medical Examinations
In the aftermath of an incident where a physical injury has been received the main focus will be to treat any life-threatening injuries. In the short to medium term some injuries received in an accident may only just start to emerge, worsen or even impact other medical conditions. As a consequence, specialist medical examinations will likely be required if your solicitor decides to take on your case.
Specialist medical practitioners will be able to give a more in-depth analysis of a particular condition and the impact on a person’s everyday life. There may well be conflicting evidence from the defendant’s legal representation. If no agreement can be reached then it would be up to the court to decide which diagnosis was more appropriate.
Approaching Negligent Parties
At this point court papers will be lodged detailing your case, evidence and level of compensation being pursued. The defendant/defendants will be advised of the impending case which will give them the opportunity to seek an out-of-court settlement. Only a small percentage of personal injury claims actually make it to the courtroom with the vast majority resolved out-of-court. However, in the event that negligence is not acknowledged, and no subsequent agreement reached, the case will likely go to court.
Negotiating Out-Of-Court Settlements
When negotiating out-of-court settlements many people underestimate the influence of their personal injury solicitor. We have seen situations where cases have dragged on for some time leading to significant financial distress for the claimant. Sometimes defendants will offer a substandard compensation package, even if they have acknowledged responsibility, in the knowledge that the defendant is struggling from reduced income and extended costs. In this situation, your personal injury solicitor should be able to negotiate a partial upfront payment to relieve the immediate financial stress. This also creates breathing space in which to pursue an acceptable level of compensation.
There are many different factors to take into consideration when negotiating an out-of-court settlement. Where the defendant has admitted liability they would often have more to lose if the case drags on or goes to court. Bad publicity can have a greater effect on a company/individual than any fair compensation award.
Court Case
The idea of going to court and giving evidence is a nightmare for many people. However, it is worth remembering that a claimant’s evidence is only one piece of a larger jigsaw which will have input from various qualified third parties. Where there is no exaggeration, or untrue evidence, a claimant has nothing to fear even if they are called to the stand. After taking into account evidence from claimants/defendants, a judge will make a ruling and, where applicable, award compensation.
