What evidence do you need for a personal injury claim in Scotland?
To succeed in a personal injury claim, you need to show three things: that someone owed you a duty of care, that they breached that duty, and that the breach caused your injury. Evidence supports each of these elements.
The good news is that you do not need to gather all of this evidence yourself before contacting a solicitor. Your solicitor will identify and obtain much of the evidence for you. However, the steps you take in the hours and days after an accident can make a significant difference to the strength of your claim.
What is the most important evidence in a personal injury claim?
No single piece of evidence is decisive. A strong claim is built from multiple sources. The most important categories are:
- Medical evidence of your injury
- Evidence of how the accident happened
- Evidence of the other party's fault
- Evidence of your financial losses
Medical evidence
Medical evidence is the foundation of every personal injury claim. It establishes that you suffered an injury, the nature and severity of that injury, and its likely long-term effects.
What medical evidence is needed?
GP and A&E records: Attending a GP or A&E after an accident creates an official record of your injury close to the time it occurred. This is important because it is harder to dispute the fact and timing of an injury that is documented in medical records.
Independent medical report: Your solicitor will instruct an independent medical expert to examine you and produce a report. This report is central to the claim. It covers the injury, its cause, its current effects, and the prognosis.
Specialist reports: For serious injuries, reports from specialists (orthopaedic surgeons, neurologists, psychiatrists) may be required. For long-term or permanent conditions, reports on future care needs and rehabilitation may also be needed.
Should you see a doctor even if you feel alright?
Yes. Some injuries, particularly soft-tissue injuries and head injuries, do not produce immediate symptoms. Seeing a GP within 24 to 48 hours of an accident, even if you feel broadly well, creates a record and allows any developing symptoms to be identified early.
Accident evidence
This category covers evidence that establishes how and where the accident happened.
Photographs
Photographs taken at the scene of the accident, as soon as possible after it occurs, are among the most useful pieces of evidence. Photograph:
- The location (road surface, pavement defect, workplace, or wherever the accident happened)
- Any hazard that caused the accident (a wet floor, a pothole, a defective piece of equipment)
- Your injuries (photographed shortly after the accident and in the days following)
- Damage to your vehicle or clothing
Witness details
Witnesses who saw the accident can give evidence about what happened. Collect names and contact details from anyone who saw the accident. In the event of a dispute about liability, a credible independent witness can be decisive.
Dashcam footage
If the accident involved a road vehicle, check whether either vehicle had a dashcam. Footage should be preserved as soon as possible. Dashcam files can be overwritten automatically.
CCTV
Accidents in shops, on public roads, in workplaces and on public transport are often captured on CCTV. Your solicitor can write to the relevant party to preserve and disclose CCTV footage. Act quickly: CCTV recordings are typically overwritten within 28 to 31 days.
Police reports
Road traffic accidents should be reported to Police Scotland, particularly where there are injuries. A police report provides an official account of the accident and may include the officer's assessment of fault.
Accident books and incident reports
If the accident happened in a workplace, your employer is required to maintain an accident book under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). Ensure the accident is recorded in the accident book and ask for a copy of the entry.
For accidents in shops, supermarkets, or public buildings, the manager should complete an incident report. Request a copy.
Evidence of the other party's fault
Your solicitor will gather this evidence through the pre-action protocol process, which requires the defender to disclose relevant documents. This can include:
- Maintenance records for roads, pavements, or premises
- Employer safety records and risk assessments
- Vehicle inspection and service records
- Tachograph data from HGVs
- Correspondence from the defendant admitting fault
Evidence of your financial losses
Special damages (your financial losses) need to be quantified and evidenced.
Lost earnings
- Payslips from before and after the accident
- Employer confirmation of time off work and any reduction in earnings
- Self-employment: tax returns, accounts, and evidence of lost contracts
Medical and therapy costs
- Receipts for private GP consultations, physiotherapy, counselling, and medication
- Prescriptions showing ongoing treatment costs
Travel expenses
- Receipts or mileage records for travel to medical appointments
Care provided by a family member
Where a family member has had to provide care for you (cooking, cleaning, personal care), this has a financial value even if no money changed hands. A diary kept by you and your carer documenting the care provided is helpful evidence.
Other out-of-pocket expenses
Keep receipts for any additional cost caused by your injury, including adaptations to your home, specialist equipment, and any other expense you can connect to the accident.
What if you do not have all the evidence?
Do not assume your claim will fail if you do not have every piece of evidence. Solicitors are experienced at building claims from incomplete starting evidence. The key evidence that cannot be recreated after the fact is:
- Photographs of the scene (the hazard may be repaired)
- Witness details (memories fade and people become harder to trace)
- CCTV (which is overwritten)
- Dashcam footage (which is overwritten)
For everything else, your solicitor can obtain records, commission expert reports, and build the evidentiary picture over the course of the claim.
Frequently asked questions
What if I did not see a doctor immediately? Late medical attendance can make the claim more difficult because there is a gap in the documented timeline. However, it does not prevent a claim. Your solicitor will work with whatever medical evidence is available.
What if it is my word against the other driver's? This is common in road accident claims. The police report, witness evidence, dashcam footage, and vehicle damage assessments can all help establish what happened. An experienced solicitor will advise on the realistic prospects of success on the evidence available.
How long should I keep evidence? Keep all evidence until your claim is fully resolved and all limitation periods have expired. Do not dispose of a defective product, clothing worn in the accident, or any other physical evidence.
What if the accident happened some time ago and I do not have evidence from the scene? The evidence-gathering focus shifts to medical records and financial losses. Your solicitor will advise on what can still be obtained and what impact any gap in evidence has on the likely outcome.
Start your claim today
You do not need a full evidence file before speaking to a solicitor. Contact us as soon as possible after your accident so that we can advise on preserving evidence and guide you through each step.
Call 0800 123 4567 for a free, no-obligation assessment, or start your claim assessment online.
Our solicitors are regulated by the Law Society of Scotland and handle personal injury claims across Scotland on a No Win No Fee basis.
