Written by Michaela Christie
Introduction
The success of a personal injury claim heavily relies on the quality and strength of the evidence presented. It is not merely about conveying a persuasive argument but ensuring it aligns with tangible proof, substantiating the claimant’s position. This blog explores the critical role of evidence in personal injury claims and emphasises its impact on establishing liability, obtaining necessary proof, utilising expert opinions, incorporating witness testimonies, and addressing the consequences of weak evidence.
Establishing Liability
If the Pursuer has trouble proving that the Defender is responsible for their injuries it is vital to ensure that whilst seeking reparation, their solicitor exhausts every avenue available to them whilst ingathering the evidence. As such, this may include obtaining medical records, expert reports, witness statements, photographs, dashcam footage, police precognitions and/or police reports etc which are subsequently acknowledged as corroborative. Expert opinions can be deemed necessary to establish liability and in assessing the extent of a Pursuer’s injuries, some of which may include those provided by medical experts within a specified field and specialists in accident reconstruction etc. Liability is also established by proving that the harm suffered has been directly caused by the accident. This harm sustained may include but not limited to – physical injury, psychological injury, emotional distress and financial loss.
Obtaining the Evidence
Initial documentation of the accident scene is imperative, with clients encouraged to capture photographs and measurements. Law firms routinely request medical records to verify post-accident GP or hospital visits, providing essential proof of the severity of injuries. This also aids in uncovering any pre-existing conditions undisclosed by the claimant, ensuring transparency in the claims process.
Expert Evidence
Referring to the case of Kennedy v Cordia (Services) LLP [2016] UKSC 6, the importance of expert evidence is underscored. Independent medical experts play a crucial role in assessing injuries and their impact, even in cases of seemingly minor incidents. Adhering to the Scottish Pre-Action Protocol timelines ensures a smooth progression of personal injury claims, especially in significant accidents involving insurance companies.
The Role of Witnesses
Credible witnesses significantly contribute to building a robust case. Collecting contact details promptly and securing supportive statements from witnesses is vital. The urgency in gathering witness evidence stems from the natural deterioration of recollections over time. The Anderson v Jas B Fraser & Co Ltd 1992 S.L.T 1129 case highlights the competence of witness statements obtained during precognition in supporting a claim.
Disadvantages of Weak Evidence
Claims supported by indisputable evidence are more likely to secure successful outcomes. Conversely, weak or insufficient evidence may lead to contention, resulting in reduced settlement offers or unsuccessful claims. The clear establishment of the link between the accident and injury is crucial to avoid complications and additional costs associated with updated reports.
Conclusion
Compelling evidence is essential when establishing liability. This provides justification as to who was at fault for an accident and forms the basis of any victorious personal injury case.
Concrete evidence enables Defenders and/or the courts to measure the severity and impact of the harm sustained by the Pursuer. Furthermore, the strength of the evidence can positively influence negotiations and encourage the other side to settle the claim for a much greater monetary value.
Gildeas Solicitors have offices in Glasgow and Edinburgh and specialise in personal injury cases, including road traffic accidents.We go the extra mile for our clients by providing services such as roadside assistance, vehicle repairs, and hire vehicles.Customer satisfaction is our top priority. According to customer reviews , among civil law firms with over 200 reviews, we proudly hold the second highest rating in Glasgow. We currently have a stellar rating of 4.9 on Reviews Io and 4.7 on Google [February 2024].If you require any assistance, please don’t hesitate to reach out to our dedicated New Claims team at 0141 331 6070.