To support a personal injury claim in Scotland, you generally need evidence that shows three things: what happened, that someone else was responsible, and how the injury has affected you. That usually means medical records, photographs, witness details, accident reports and proof of any financial losses.
The exact evidence depends on the accident and the injury. This guide explains what a solicitor will look for and why it matters.
Key points
- Good evidence shows how the accident happened, who was at fault and how the injury has affected your life and finances.
- Medical evidence is usually central, so get checked over and keep attending treatment.
- Photographs and witness details are most useful when gathered as soon as possible after the accident.
- Keep receipts, wage slips and other records of financial losses, as these can be claimed separately from pain and suffering.
- You normally have three years to raise a court action, so do not wait until evidence has gone.
What evidence do I need for a personal injury claim?
The table below shows the main types of evidence and what each one helps to prove.
| Type of evidence | Examples | What it helps show |
|---|---|---|
| Medical evidence | GP and hospital records, physiotherapy notes, medical reports | The nature of the injury, treatment and likely recovery |
| Photographs and video | The scene, the hazard, vehicle damage, visible injuries, CCTV or dashcam footage | How the accident happened and the conditions at the time |
| Witness details | Names and contact details of anyone who saw the accident | An independent account of events |
| Accident records | Accident book entries, incident reports, police details | That the accident was reported and when |
| Financial records | Wage slips, receipts, invoices, travel costs | The money you have lost or spent because of the injury |
Evidence for different types of accident
After a road traffic accident, useful evidence could include photographs of the vehicles and location, correspondence with insurers, witness statements and any police report details. Other claims call for different evidence. A workplace claim may rely on accident book entries and training records, as our guide on what to do immediately after an accident at work in Scotland explains. A fall in a shop may rely on CCTV and the shop's own incident report.
Why does medical evidence matter so much?
Medical evidence is usually central to a personal injury claim. Records from your GP, hospital, physiotherapist or other healthcare professional help establish the nature of the injury, the treatment you received and how your condition has developed.
Your solicitor may also arrange an independent medical report, because a minor injury and a serious one can affect your work, home life and future needs very differently.
How do you prove someone else was at fault?
A successful claim usually needs evidence that the injury was caused by someone else's negligence. Depending on the circumstances, this may mean showing that a person or organisation owed you a duty of care and failed to meet it.
For example, photographs of a hazard can help show what caused the accident. Witness evidence can also be valuable, particularly where the parties give different accounts. If you think you may have been partly to blame, evidence still matters: you can still claim if the accident was partly your own fault, although compensation may be reduced.
Should I keep photographs and witness details?
Yes. Keep original photographs where you can, particularly any that show the accident scene, visible injuries or damage to property. Hazards are often repaired or cleared quickly, so photographs taken soon after the accident can be very useful.
Note the name and contact details of anyone who saw what happened, while events are still fresh in their memory.
What evidence do I need for financial losses?
A claim can cover more than pain and suffering. In Scotland, compensation is made up of solatium (for pain, suffering and loss of amenity) and patrimonial loss (financial losses such as lost earnings, care and expenses).
Keep wage slips, invoices, receipts, travel records and anything else that shows expenses or lost earnings. These support the patrimonial loss part of your claim and help your solicitor assess the full financial effect of the injury.
Does the date of the accident matter?
Yes. Under the Prescription and Limitation (Scotland) Act 1973, a personal injury action must normally be raised within three years of the date of the injury, or of the date you became aware (or could reasonably have become aware) of the relevant facts, if that is later.
Our guide on how long you have to make a personal injury claim in Scotland explains the time limit in more detail.
What happens at the initial consultation?
Your solicitor will usually ask when and where the accident happened, how it happened, what injuries you suffered and what treatment you have had.
They may also ask about your job, lost earnings, expenses and any contact with an insurer. Bring any relevant documents you have.
Good to know: Do not worry if you do not have everything. Your solicitor can request medical records and other documents on your behalf.
Will I need to go to court?
Not necessarily. Most claims start with a letter of claim to the insurer and follow the pre-action protocol, and many settle without court once liability and compensation are agreed.
If a fair settlement cannot be reached, a court action may be needed. Personal injury actions in Scotland are commonly raised in the Sheriff Personal Injury Court in Edinburgh, a local sheriff court or the Court of Session. Our guide on how long a personal injury claim takes in Scotland explains what can affect the timescale.
What about No Win, No Fee?
We handle personal injury claims on a No Win, No Fee basis. Your agreement must be in writing and set out how any success fee is worked out, so you know where you stand before work begins.
In personal injury cases, if your claim is unsuccessful you are normally protected from paying the other side's legal expenses, provided the claim was conducted properly. Our guide to what a No Win, No Fee agreement actually costs you explains this in full.
Not sure if your evidence is enough? Bring what you have and we will tell you where you stand. Your first hour is free and claims are No Win, No Fee.
Book a free consultationWhat should you do before making a claim?
- Get medical attention See a doctor and follow the advice of your healthcare professionals.
- Record the scene Take photographs of where the accident happened, any hazard and your injuries.
- Collect witness details Note the names and contact details of anyone who saw what happened.
- Keep your paperwork Save receipts, wage slips, correspondence and messages about the accident.
- Get advice early Speak to a solicitor so the evidence can be assessed while it is still available.
Strong evidence does not guarantee success, but it gives a clearer basis for assessing your claim. Stewart Gordon Thomson Law Firm advises on personal injury claims across Scotland, and our personal injury lawyers in Glasgow can assess your evidence and explain your options. Advice will always depend on the facts of your case.
