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The role of medical evidence in personal injury claims
In order to make a successful claim for personal injury compensation, you will need to prove three things:
- Another person had a legal responsibility for your safety and welfare
- They failed in their responsibilities
- You suffered an injury as a direct result
When you contact YouClaim for assistance making an accident claim, our solicitors will need to collect evidence which proves you have a valid claim for compensation.
One of the most important pieces of evidence your solicitor will need if you are to win your personal injury claim, is a medical report.
This report will document:
1. The nature and extent of your injuries
2. Your recovery
3. Any ongoing or permanent health problems
4. The effect the injuries have had on your life
These are the four main factors that will help our solicitors determine how much compensation you are likely to be awarded for ‘general damages’ - compensation awarded for pain and suffering and for the effect that your injuries have had on your day to day activities.
See How much compensation will I get? for details of other compensation you may receive.
Will I see my own GP?
For the medical report to be credible to your opponent’s insurance company (ie: not seen to be in any way biased towards you), the medical report can’t be prepared by your own GP, or by anyone else who may have treated you.
The medical assessment
Our solicitors will arrange for you to see a doctor (who does not know you) at a convenient time and place – usually at a surgery or hospital near to where you live. This appointment will usually be made 3-6 months following the date of the accident (or later, if you have suffered more serious injuries). The doctor will want to see how well you have recovered from the accident and if there are any permanent effects. If he saw you immediately after the accident, he would not be able to determine this.
When you first contact us you will be asked to keep a personal injury diary (download a free injury diary here). It is important you keep a daily record of your injuries and recovery, as it is easy to forget just how badly you were affected by the accident, once you are feeling better. You should take your injury diary with you to the medical assessment.
Depending on the extent and severity of your injuries your assessment will last between 20 mins to 1 hour. You will not usually need to undress, but the doctor may wish to examine you. Nurses are always present during examination of female patients. More information about the assessment will be sent to you with your appointment details.
Your medical records
In order to prepare the medical report, our solicitors will need access to your GP and/or hospital medical records. This is so the doctor who is preparing your medical report can see if there is anything in your medical history that may be relevant to your accident claim, for example a previous injury that may have been aggravated. You will be asked to sign a consent form before your GP will release your records.
Under the Access to Health Records Act 1990, you are entitled to obtain a copy of your medical records at any time.
The medical report
Once you have had your medical assessment, the doctor will write up the report and send it to our solicitors. You will be forwarded a copy of the report. Once your solicitor has received the report, he will discuss with you the amount of compensation you are likely to be awarded. See Claiming compensation, for more about our claims process.
Our no risk, no win no fee service
We offer free legal advice to people who are considering making a compensation claim. If you have suffered a personal injury in an accident caused by someone else, call us now on 0800 10 757 95 .
From the moment you contact us our service is completely free. There’s no catch and no hidden costs. See No win no fee, for more information. Even if you’re not sure whether you want to make a personal injury claim, we’re more than happy to answer any questions you have and our offices are open 24 hours a day.
For more information about our service see:
No win no fee
Personal injury solicitors
Claiming compensation
Types of accident