What Evidence Do You Need to Support a Personal Injury Claim in Scotland?

If you have been injured in an accident and are thinking about making a personal injury claim in Scotland, the evidence that you have can make all the difference. Medical records, photographs, witness information, accident reports and evidence of financial losses may all be relevant. This step-by-step guide looks at the type of evidence a solicitor may be looking for and how this can impact on the claims process.

What evidence do I need for a personal injury claim?

The evidence needed will depend on the accident and the nature of the injury. A solicitor will usually want to establish what happened, why it happened, who may be responsible and how the injury has affected you.

For a traffic accident, this could include photographs of the vehicles or location, correspondence with the insurer, witness statements and details of any road traffic accident report. Other claims may require different evidence, such as workplace records, photographs of an unsafe property or documents relating to an accident at work.

Why does medical evidence matter?

Medical evidence is usually central to a personal injury claim. Records from your GP, hospital, physiotherapist or other healthcare professional can help establish the nature of the injury, treatment received and how the condition has developed.

A solicitor may also arrange further medical assessment where appropriate. The nature of the injury matters because a minor injury and serious injuries can have very different effects on a person’s work, home life and future needs.

What evidence can show someone else’s negligence?

When you have a successful personal injury claim, there is usually a need for evidence to prove the claim that the injury was caused by someone else’s negligence. Depending on the circumstances, this may involve showing that a person or organisation owed a duty of care and failed to meet it.

For example, pictures of a hazardous area can be used to justify an argument about the cause of an accident. Witnesses’ evidence can also be helpful, particularly where the parties give different versions.

Should photographs and witness details be kept?

Yes. It is generally best to keep original photographs where you can, particularly photos showing the accident scene, visible injuries or damage to property.

Keep the name and contact details of anyone who saw the accident. Witness statements can be important later, and details recorded soon after the incident can be useful while events are still fresh in the witness’s memory.

What evidence is needed for financial losses?

A personal injury claim can involve more than compensation for pain and suffering. In Scotland, solatium covers the pain and suffering caused by an injury. You can claim financial losses separately where they are legally recoverable.

Keep wage slips, invoices, receipts, travel records and other documents that show expenses or lost earnings. These may support a claim for special damages, and help a solicitor to assess the financial effect of the injury.

Does the date of the accident matter?

Yes. The date of the accident can be significant because personal injury actions are generally subject to a three-year time limit under the Prescription and Limitation (Scotland) Act 1973, although the way the period operates can depend on the circumstances. There can also be shorter time limits in particular situations. 

If you are injured in an accident, having evidence from the start will help a solicitor decide whether you can claim compensation and whether you need to take action within the time limit.

What happens during the initial consultation?

During the initial consultation, a solicitor will generally ask when and where the accident occurred, how it happened, what injuries were suffered and what treatment ensued.

The solicitor may also ask questions about your job, lost earnings, expenses and any correspondence you have had with an insurer. It can help the solicitor to understand the circumstances more quickly, and to identify evidence that may need to be obtained, if you bring relevant documents with you.

Will I need to go to court?

Not necessarily. A personal injury claim can be negotiated by the parties agreeing liability and an appropriate level of compensation.

If an equitable settlement cannot be reached, litigation may be required. Scotland has a National Personal Injury Court within the Sheriff Court system, and personal injury actions can also be dealt with in the Court of Session in appropriate cases. 

What about a win no fee arrangement?

Some personal injury solicitors offer a win no fee arrangement, depending on the circumstances of the claim. The precise fee agreement should be explained before representation begins, including what may be payable if the claim is successful or unsuccessful.

A solicitor should also explain any potential deductions, outlays or other costs rather than leaving the client to assume that every cost will automatically disappear if the claim fails.

What should you do before you make a personal injury claim?

Keep documents, photographs and correspondence relating to the accident. Seek medical attention when needed and follow any advice given by your healthcare professional. Keep messages, photographs and other records that may help show what happened.

A solicitor can then assess the evidence and explain the personal injury claims process in Scotland. Strong evidence doesn’t guarantee a successful claim, but it can give a clearer factual basis for assessing liability, injury and compensation.

Contact SGT Law Firm Today!

If you’ve been injured and are considering whether to begin your claim, SGT Law Firm advises clients across Scotland on personal injury matters. Its personal injury solicitors can assess the circumstances, available evidence and potential claims process and explain the options available.

SGT Law Firm also provides information about its Personal Injury Lawyers Glasgow service. Legal advice will depend on the facts of the individual case.