How Do I Prove An Injury After A Car Accident?

How Important Is Personal Injury Evidence In Car Accident Claims?

how to prove an injury after a car accident

Injury after car accident

By Brett Williams. Last updated 5th August 2021. When you or a loved one are involved in a road traffic accident that was caused by somebody else, you’d be well within your rights to seek compensation for your injuries. The question is, how do you prove an injury after a car accident? Throughout this guide we’ll explain what you can do to improve your chances of receiving compensation by providing the right evidence to support your claim. We’ll look at how you go about proving an injury, what you should do in the event of an accident and how much compensation you could receive for your injuries.

Accident Claims UK offers free advice on personal injury claims and a no-obligation assessment of the claim too. Furthermore, if our solicitors agree to take on your claim, it’ll be on a no win no fee basis. Therefore, if you’re ready to discuss your claim right away, please call our specialists on 0800 073 8801 today.

Alternatively, if you’d like to know more about the types of personal injury claim evidence you can provide, please continue reading.

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A Guide To Proving An Injury Caused By A Car Accident

There are many injuries possible following a car accident ranging from minor to life-changing. If the accident was caused by somebody else’s negligence, then you might want to consider claiming compensation for your suffering. As well as the physical and psychological pain caused by the accident you might also suffer out of pocket costs which you could claim back too.

Proving that the other driver was negligent is one part of the claim and proving that you were injured is another. The process of making a personal injury claim can be quite daunting and require specific medical evidence to support your claim. Therefore, we recommend that you have a specialist personal injury solicitor on your side who understands the claims process and knows how to prove an injury claim.

Throughout this guide, we’re going to look at how you prove an injury after a car accident and the importance of medical evidence. Something else that’s also really important is the personal injury claims time limit. In general, you’ll have 3-years to claim from the date of your accident or from when your injuries were diagnosed by a doctor. Therefore, it’s important to start your claim as soon as possible to allow a personal injury lawyer to gather all the evidence required to support the claim.

After you’ve read this guide, if you’d like Accident Claims UK to represent you in your claim, please call the number at the top of the screen. We’ll be happy to help and could offer you a no win no fee service to make claiming less stressful.

Evidence Which Could Help You Prove An Injury After A Car Accident

If somebody is injured in a car accident, the police will usually be in attendance. If that’s the case, you could use the police report as evidence for your car accident claim. As the police aren’t medical professionals, their report won’t necessarily be the best proof of an injury.

Therefore, other evidence you could provide includes:

  • Medical records from a GP or your local accident and emergency department.
  • Photographs of any visible injuries.

We would strongly recommend that you visit a GP or accident and emergency department following a car accident no matter how minor your injuries are. That’s because not all symptoms are immediately obvious, especially if they’re being masked by adrenaline. Medical records are the strongest personal injury evidence you’ll be able to obtain so please take the time to visit a doctor.

You could receive a higher compensation payment if you’re able to provide personal injury evidence that proves how much suffering was caused by your injuries.

Additional Personal Injury Evidence In Car Accident Claims

As well as being able to prove an injury after a car accident, you could collect other evidence to prove that the accident actually occurred. Without it, the other driver involved could suggest that your injuries didn’t occur in a car accident. Of course, if the police attended the scene of an accident their report could be used as evidence that the accident took place, but you might need further evidence to prove who was at fault.

Therefore, following any road traffic accident, try to:

  • Swap details with the other driver. Get their name, address, contact number, insurers name and vehicle registration number. Remember not to admit liability at the scene of the accident or to apologise.
  • Take photographs at the scene of the accident. Where it is safe to do so, try to do this immediately and before any vehicles are removed as once the scene has been cleared, proving what happened can become trickier.
  • If there were any witnesses to the accident, gather as many details from them as possible. Also, ask them to write a stamen of what they saw.
  • See if any vehicles had a dashcam fitted. If so, try to obtain copies of the footage. You could also check if the area was covered by any type of CCTV.
  • Finally, take a moment to write down what happened, the location, the time, the road conditions and the weather conditions. It can be very easy to forget details as time goes by.

While the list above might seem like a lot of work, the more evidence you can provide, the better. It could make the difference between winning your claim or losing. Also, it could affect the amount of compensation you’re awarded.

Whiplash Injury Evidence

Whiplash is a very common injury sustained in a car crash but not the easiest injury to prove. That’s because there aren’t always visible signs of whiplash. So, what whiplash injury evidence can you provide?

First of all, and most importantly, visit your GP if you suspect you’re suffering from whiplash. As a medical professional, they can spot the symptoms of whiplash and also note the severity. This will mean you’ll receive sound medical advice from the doctor and medication where needed.

Also, if whiplash is diagnosed, it will be entered into your medical records which could then be used as evidence to support your claim.  You could also provide other evidence such as copies of prescriptions from your GP.

It’s important to note that not all whiplash injuries are immediately obvious. It can take between a couple of hours and a day before symptoms begin. Therefore, you should take care for a day or two and visit your GP as soon as you think you’re suffering from whiplash. As a side note, the NHS suggest that you don’t rest too much with whiplash injuries. Although painful, carrying on with everyday tasks could improve your recovery time.

Who Is Liable For Injuries Caused By A Car Accident?

All road users including pedestrians, cyclists, motorcyclists and drivers of cars, lorries, taxis and buses have a duty of care to one and other. This means that they need to follow the rules of the road to try and keep each other safe.

If they fail to do so, and cause an accident to happen as a result, they could be held liable for the accident. For instance, if a driver is speeding, pulls out of a junction too soon, is drink-driving or fails to give way at a junction, then they could be held liable for any accident that their actions cause. Other examples of negligence could include:

  • Pedestrians stepping out in front of vehicles.
  • Vehicles overtaking on a bend with solid white lines.
  • Collisions caused by mobile phone use while driving.
  • Eating or drinking while driving.
  • Speeding, dangerous or careless driving.
  • Driving while tired.

If you suspect another driver has caused your car accident because they’ve been negligent in any way, please call and speak with an advisor about your options today.

What Does The Highway Code Say About Liability?

To help prove who was at fault for an accident, you could use the highway code. It has detailed advice on how the roads should be used. If you can show that the other driver wasn’t following the rules applied by the highway code, then they could be held liable for the accident and, as a result, you could seek compensation from them.

As an example, the highway code explains what stopping distances are required at specific speeds. Therefore, it if can be shown that the other driver caused a collision by not maintaining the correct stopping distance, they could be held accountable for the accident.

It can be quite tricky to prove things like distances or speeds which is why providing evidence for your car accident case such as dashcam footage or witness statements can really improve your chances of proving the other driver was liable.

Example Car Accident Compensation Claim Calculator – Updated August 2021

When you’ve gathered the evidence of your injury, you might wonder how much compensation you could be entitled to. Therefore, we’ve provided the personal injury claims calculator table below. It shows details of some injuries and how much compensation you could receive for them.

It’s impossible to list all possible injuries in this table so don’t worry if you don’t see yours. Please call an advisor and explain what injuries you’ve sustained. They should be able to let you know what compensation might be paid.

Type of InjurySeverityRangeComments
Neck InjuryMinorUp to £2,300Covers soft tissue damage injuries which fully recover within 3 months.
Neck InjuryMinorFrom £2,300 to £4,080Covers soft tissue damage injuries which fully recover within a year.
Neck InjuryModerateFrom £23,460 to £36,120Injuries such as dislocations or fractures which might require spinal fusion.
Shoulder InjuryMinorFrom £2,300 to £4,080Injuries such as soft tissue injuries to the shoulder with complete recovery within a year.
Shoulder InjuryModerateFrom £7,410 to £11,980Injuries such as frozen shoulder or soft tissue injuries lasting more than 2-years.
Leg InjurySeriousFrom £36,790 to £51,460Serious compound fractures or injuries to ligaments or joints causing prolonged treatment and instability
Arm InjuryLess SevereFrom £6,190 to £18,020Simple fractures of the forarm.
Arm InjurySevereFrom £36,770 to £56,180Serious fractures in one or both arms resulting in a significant disability.
Wrist InjuryMinorFrom £3,310 to £4,450Minimal displacement fractures or soft tissue damage (requiring a plastercast or bandage)
Hand InjurySeriousFrom £52,310 to £79,360Serious loss of function in both hands an permanent cosmetic disability.
Hand InjuryModerateFrom £5,260 to £12,460Penetrating wounds, crush injuries and deep lacerations are included in this category

As you’ll see, injuries are assessed based on their severity and compensation is paid accordingly. That’s why it is essential that your solicitor arranges a medical exam following a car accident so that your injuries can be verified by an independent doctor and that the severity is recorded. Also, medical records can be used to provide evidence of a physical injury.

What Are Special Damages In Car Accident Claims?

When you can prove an injury after a car accident, your solicitor can claim against a number of different elements, known as ‘heads of loss’. The elements used will be depend on how you were affected by your injuries and they include:

  • General damages – These are paid to compensate for pain and suffering caused by the accident. Figures for general damages were provided in the table in the previous section of this guide.
  • Medical expenses – While the NHS provides free medical treatment, you could end up with medical bills related to prescription medicines or over the counter treatments. Therefore, you could claim these back as part of your claim.
  • Care costs – Sometimes, following a car accident, your injuries might mean you need care to help you recover. This could be in the form of a professional or a family member supporting you. In either case, it could be possible to include any costs in the claim.
  • Travelling Costs – If your injuries prevent you from driving for any period of time, you could claim back the cost of any alternative travel arrangements. Also, if you have to travel to medical appointments, you could include the cost of fuel and parking.
  • Loss of earnings – Should you have to take time off from work because you need to recover or to attend medical appointments, you could claim back any lost earnings. Furthermore, if you suffer in the long-term, you could claim for future lost earnings too.
  • Damaged Property – Finally, if any item of personal property is damaged during your car accident, you could ask for the cost of replacing or repairing the item.

Special Damages

The phrase ‘special damages’ refers to financial losses incurred due to your accident. The idea behind special damages is to ensure you don’t lose out financially because of your accident.

Your personal injury solicitor can claim for any financial losses but will need to prove how they were linked to your accident. Therefore, we recommend that you keep a diary of all spending linked to your claim. It will make it easier to justify any costs when your solicitor asks about them.

Also, please keep hold of any receipts, bank statements or parking tickets related to your claim as they can be used as supporting evidence. Finally, if you’re unsure whether you’ll be able to claim an expense back, please check with your solicitor first to help ensure you don’t end up out of pocket.

No Win No Fee Claims For Injuries Caused By Car Accidents

A major worry when making a compensation claim is the cost of hiring a legal team. That’s why our solicitors offer to work on a no win no fee basis for all claims they take on. We believe it enables more people to claim and greatly reduces the stress and financial risk involved with a claim.

When you’re happy to proceed, and our solicitors are happy that you have a strong case because you’re able to prove an injury after a car accident, you’ll be provided with a conditional fee agreement (or CFA).

A CFA is another name for a no win no fee agreement. It’s really important because it clearly states that you only have to pay your solicitor’s fees if they win you compensation. In cases where compensation isn’t awarded, the solicitor’s fees don’t get paid.

However, when the case is won, the CFA will explain what level of ‘success fee’ you’ll pay. This is a deduction from your compensation to cover the solicitor’s work. By law success fees can be no higher than 25%.

As the success fee is taken from your compensation, you don’t have to have the funds available to pay the solicitor yourself.

If you’d like to know if we can help you prove an injury after a car accident on a no win no fee basis, please call an advisor today.

How Do I Make A Car Accident Injury Claim?

The first thing to do when beginning a personal injury claim is to gather the evidence that proves what happened. Then, contact our team of advisors for a free assessment of your claim. If they believe your case is strong enough, they’ll introduce you to a no win no fee solicitor.

First of all, they’ll arrange for a medical assessment using an independent doctor. Then they’ll compile your claim based on the evidence you’ve provided, and the report provided by the medical assessment. Your solicitor will then negotiate your claim with the defendant or their solicitor meaning you won’t need to be involved.

If you receive a settlement offer, the solicitor will provide you with expert advice on your options. Finally, in very rare cases, if your claim can’t be settled amicably, the solicitor will represent you in court.

How We Could Help You Prove An Injury After A Car Accident

Here at Accident Claims UK, we’ve been helping clients make personal injury claims for many years. Our solicitors have up to 30 years of experience. Here are some more reasons why you should work with Accident Claims UK:

  • Our advice is free and comes with no obligation.
  • We are open 24-hours a day, 7 days a week.
  • Our aim is to ensure your claim is settled as efficiently as possible but for a fair amount of compensation.
  • We’ve received exceptional feedback from previous clients.

Our specialist claims advisors are friendly and professional and will never put any pressure on you to proceed. Also, they’ll always work at your pace to allow you to provide all of the information required.

Talk To Accident Claims UK

Now you’ve read this guide about how to prove an injury after a car accident, we hope you’re ready to start your claim today. If so, you can contact us using any of the following methods:

Whichever route you take, you can rest assured that you’ll receive free expert advice about your claim. If we can determine that you have a strong case, we’ll introduce you to a solicitor who’ll work on a no win no fee basis.

Proving your injuries after a car accident – FAQs

In this section, we’ll answer some common questions about how to prove your injuries after a car accident.

Will I need a medical assessment after a car accident?

During a personal injury claim, a medical assessment is mandatory. It will be conducted by somebody independent of the case. They will provide a report that shows what injuries you sustained, how you have suffered and how you might be affected in the future.

What evidence can I use to prove I was injured in a car accident?
There are several things that could be used to support your compensation claim. You could supply medical records from a hospital that treated you, photographs of your injuries and details of any witnesses who saw how you were hurt.

Is there a time limit for making personal injury claims?
In the UK, personal injury claims usually have to be made within 3-years from the date of your accident. If a child is hurt, the time limit does not apply and a parent can represent them at any point before their 18th birthday.

If you would like any further questions answered about proving an injury after a car accident, why not call our specialists today?

 

 

 

 

 

Essential Links

Thanks for taking the time to read our guide. For your information, here are some more guides, links and external resources which you might find useful.

Accident Advice – Information from the government website about what to do if you’re involved in a road traffic accident.

Whiplash Symptoms – This guide from the NHS explains how whiplash is diagnosed, how to manage it and what treatment is available.

The Motor Insurers Bureau – The MIB are an insurance industry scheme that means it’s possible to claim compensation if the other driver wasn’t insured or if you’re involved in a hit and run accident.

Car Accident Claims – A guide that covers all different types of car accident claims. This one isn’t just focused how to prove an injury after a car accident.

Whiplash Injury Claims – This guide provides information on how you can prove a whiplash injury and the amounts of compensation that are possible.

Fatal Road Accident Claims – A guide that explains how a loved one could claim compensation following a fatal road traffic accident.

If there is any further information that you require, please contact an advisor. We’ll happily answer any questions you might have.

Thank you for visiting us today and reading about how to prove an injury after a car accident.

Article by Brett