What Is Evidence In A Compensation Claim?
Evidence, also referred to as “proof,” is any documents, statements and information that backs and asserts the available body of facts or indicates the truth of a case. Evidence in a compensation claim is gathered and used to demonstrate that injuries were the fault of another party.
As you can imagine, this is a key part of the claims process, so we’ve made this short guide to tell you everything you need to know about evidence. If you have questions or want to know more about making a claim, talk to us today using the details given here:
- Call us on 0800 408 7826.
- You can also contact us online.
- Open the live chat window on your screen now.
Frequently Asked Questions
- How Is Liability Established?
- What Evidence Will Prove The Accident Occurred?
- How Can I Prove The Extent Of My Injury?
- What Do I Need To Support A Claim For Financial Losses?
- How Can Solicitors Help Me Gather The Evidence I Need?
- Learn More
How Is Liability Established?
Liability is established through an examination of the provided evidence. While the primary burden of proof is on the claimant, the defendant will likely gather their own evidence for consideration.
While it is not a legal requirement, working with a solicitor on your claim will prove very useful when gathering your supporting documents. We’ll look at the sorts of things you can gather when trying to prove liability in the sections below, but for further questions and a free eligibility assessment, our advisors are available 24 hours a day.
What Evidence Will Prove The Accident Occurred?
Evidence that will prove the accident occurred includes witness statements, video footage and photographs of the immediate scene. In addition to showing what happened, you also need to show who was at fault.
Below, we have given a few different types of evidence with a short explanation of why it will be useful for your claim:
- Video footage: CCTV of the accident occurring, or dashcam footage in road traffic accidents, is a great way of showing what actually happened.
- Photographs: you can take photos of your injuries, the cause of the accident and the immediate scene. If you’re injuries prevent you from doing this yourself, someone else can take the photographs.
- Accident book: any employer with 10 or more employees must keep an accident book. You can take a copy of your incident report from this. Again, if you are unable to make the report yourself, someone else can.
- Workplace documents: other documentation such as records of maintenance, training and other safety procedures, can be used to show that certain tasks were not carried out improperly.
- Insurance and vehicle details: after a road traffic accident, it’s very important to exchange insurance details. If the at-fault driver has no insurance, fails to stop or is in a stolen vehicle, take down as many details about the vehicle as you can and call the police.
- Witness statements: anyone who saw the accident occur could potentially act as a witness. Give their contact information to the solicitor so they can be interviewed.
So, whether you’ve experienced an accident at work, while on the roads or in a public area, there will be many different types of evidence available to you. Talk to an advisor for further information today.
How Can I Prove The Extent Of My Injury?
You can prove the extent of your injury by providing as much medical evidence as you can. Getting treatment as soon as possible is the most important thing after any accident, as your health must be your top priority.
The head of claim concerned with your physical and psychological injuries is called general damages, and solicitors will use your medical evidence to help determine a potential compensation figure.
You can request medical records of this treatment. Documents like scans, tests, and notes of any physical examinations are all good evidence for a claim. The solicitor may also organise an independent medical assessment for you; the report from the assessment can then be used as proof of what injuries were sustained.
What Do I Need To Support A Claim For Financial Losses?
You’ll need documentation such as bank statements and payslips to support a claim for financial losses. Such losses are compensated under special damages, the second of the two heads of claim.
Here’s a list of the types of evidence you can use to show financial harm due to an injury:
- Your payslips can be used to show a loss of earnings.
- Receipts of purchases.
- Invoices for care and other support.
- Healthcare bills and prescriptions.
- Proof of any home modifications.
Make sure you retain copies of any relevant documentation following an accident. You can learn more about claiming for a loss of earnings or any other costs by speaking to our advisors.
How Can Solicitors Help Me Gather The Evidence I Need?
Our panel of expert solicitors have years of experience in dealing with claims of all varieties, and know exactly what evidence is required to ensure you have the best chance of success.
While it is not necessary to use a solicitor for a claim, you’ll be at a significant advantage with a trained, knowledgeable and experienced legal professional helping you.
Contact Our Team Of Advisors
The evidence in a compensation claim is of paramount importance, not only to prove liability but to highlight the extent of the harm you have experienced. The team at Compensation Calculator UK can offer free advice on how to prove fault in a claim, as well as provide a zero-cost eligiblity consultation at a time that suits you.
To inquire further about gathering evidence or to get a free eligibility check, talk to our advisors using the details given here:
- Call us on 0800 408 7826.
- You can also contact us online.
- Open the live chat window on your screen now.
Learn More
You can view more of our claims guides here:
- See our road traffic accident FAQ for answers to common questions.
- Read our guide to making a construction accident claim here.
- Use our public liability claims compensation calculator to estimate payouts for public accidents.
We’ve also included some additional resources you might find useful:
- More specific guidance on how to request CCTV footage in which you appear.
- Check when to call 999 with this page from the NHS.
- Read the government advice on taking sick leave here.
Thank you for reading this guide to evidence in a compensation claim.
