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How To Prove An Injury From A Car Accident?

how to prove an injury from car accident

Guide on how to prove an injury from car accident

By Daniel Archer. Last updated 22nd June 2022. If you have suffered an injury as a result of a road traffic accident that was not your fault then assuming you claim within the personal injury claims time limit, you should be entitled to compensation. However, it is not always easy to establish blame or prove your injuries. This helpful guide will give you further information on how to prove an injury after a car accident and find ways of showing that another individual is liable. We strongly recommend that you seek legal representation to help you do this as it can be very tricky to prove and a personal injury solicitor will help you to achieve the maximum possible compensation.

If this sounds familiar to you and you think you may be eligible to make a claim then please read on to find out more and then speak to a member of our highly experienced team at Legal Expert. They will be able to advise you further and put you in touch with a solicitor who can help you begin your claim. Call us today on 0800 073 8804.

It’s also possible to see if you have a claim online by filling out the form on our website. Additionally, you can reach our team of advisors using the pop-up live chat window in the bottom corner.

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A Guide On How To Prove An Injury From A Car Accident

Following a car accident, you may feel very upset and shaken as well as suffering from injuries ranging from mild right through to life-altering. Although compensation may not be at the forefront of your mind you may find as you begin to recover that you do in fact deserve to be compensated for the injuries and suffering you have experienced as a result of the accident.

You may have been subject to not only pain and suffering but also out of pocket expenses. If you are seriously hurt you may have been unable to work and may be unable to go back to work in the future. If this is the case then you may require a compensation payment in order to cover the costs that you are struggling to meet otherwise.

If the road accident was not your fault and somebody else can be proved to be liable then you are entitled to claim compensation. The difficulty you may face is how to prove an injury from a car accident and showing that the person who caused the accident is in fact liable. It is a tricky legal process which is why we strongly recommend that you seek legal representation from a personal injury lawyer.

Legal Expert have many years of experience in this field and would be happy to help connect you with one of our personal injury lawyers for a car accident claim. Read on to find out how to prove injuries in a road traffic accident. If you decide to make a claim then please call Legal Expert today to find out how we can help you get the compensation you deserve.

What Is Liability And How Can You Prove It In A Personal Injury Claim?

All users of the road have a duty of care to look after the safety of others. In order to prove liability, you need to find a way of establishing that another road user has breached their duty of care and displayed road traffic accident negligence.

An example of this includes failing to follow the rules of the Highway Code. This can involve driving over the speed limit or failing to observe another vehicle’s priority at a road junction. It can also be helpful to show that another road user has previously been convicted of careless driving in the criminal courts.

If you have sustained an injury after a car accident as a result of another road user acting negligently, call our team.

What Evidence Do You Need To Prove An Injury After A Car Accident?

Proving an injury after a car accident is not always straightforward. Therefore, you may find it beneficial to contact a personal injury lawyer with car accident claims experience.

The most useful piece of evidence is usually the accident report filed by the police. Following a road traffic accident, you must report a car accident to the police within 24 hours if someone sustained an injury. The police report may describe the scene of the accident including important details such as the measurements of skid marks and will detail any vehicle damage.

The police will also take statements from any individuals involved in the accident, including witness statements from anybody who saw it happen. Your personal injury solicitor will be able to help you access the police report. You will find that having access to this information could provide beneficial evidence to your case.

Can You Use The Highway Code To Prove Liability In An Accident?

The Highway Code may be very useful to you if you are trying to work out how to prove an injury from a car accident. Whichever party can be shown to have broken the Highway Code will usually be identified as the party at fault. In the eyes of the law, they will be responsible for the road traffic accident.

There is now a revised version of the Highway Code and so the rules are even more detailed. A simple example of this involves stopping distances. The highway code details safe stopping distances which drivers should adhere to. If the person driving behind a vehicle was not adhering to the safe stopping distance which resulted in a collision, then that driver has failed to follow the rules of the Highway Code and has therefore acted negligently.

The Process Of Making A Compensation Claim

When you decide to make a compensation claim your personal injury lawyer with car accident experience will seek to negotiate a settlement on your behalf. However, if the lawyers fail to reach an agreement on your settlement then you may face court proceedings. This means that a judge will assess the information in front of them and decide how much compensation you are eligible to receive and will decide who was at fault.

It is possible to continue negotiating right up until the date of the court proceedings so your case will not necessarily end up in court if the first round of negotiations fail. It may take a long time to get a court date. You will be required to gather together as much evidence as you possibly can including photographic evidence, insurance documents and witness reports.

If the accident has aggravated a medical condition that was pre-existing then the amount of compensation you are eligible to receive may be reduced. An example of this is an individual who suffers pain following a whiplash neck injury, but already had a medical condition involving back pain.

If a court decides that the injured party had some responsibility for causing the accident then again, the amount of compensation payable may be less. If for example an individual was injured following a road traffic accident that was caused by another party, but whose injuries were more severe because they were not wearing a seat belt then the court may consider that the severity of the injury was made worse by the claimant themselves.

Whiplash Reform Programme

Whiplash claims are extremely common in the field of personal injury claims in a road traffic accident (RTA). Because of this, the government introduced a new way of making a claim for whiplash and other injuries sustained by drivers and passengers.

The online portal is called the Whiplash Reform Programme (WRP). For injuries sustained by passengers and drivers over the age of 18 in an RTA worth under £5,000, this is the new way to make your claim. This is only if your accident took place after 31st May 2021. If it was prior to this, you must make your claim in the traditional way.

Despite the name of the programme, all RTA injuries can be claimed for through the WRP if they are worth under £5,000. This figure only relates to your injuries and doesn’t include any other losses, such as those of a financial nature.

It’s always worthwhile to check with us whether your claim is worth over £5,000. Otherwise, you could be missing out on being awarded the maximum amount of compensation you deserve.

Road Traffic Accident Statistics

According to figures recorded by the Department for Transport, in 2020 there were a total of:

  • 14,750 pedestrian casualties
  • 3,487 pedal cyclist casualties
  • 13,604 motorcycle user casualties
  • 64,255 car occupant casualties

As you can see, more car occupants were impacted by road traffic accidents than the other road users listed above. However, it’s important to note that car occupants make up more of the traffic on British roads.

What To Do If You’re Injured In A Car Accident

Unfortunately, there are people who will seek to find out how to make a false car accident claim. In order to set yourself apart from the people who wish to make a fake injury claim for a car accident, you need to come up with some solid evidence to show that your claim is legitimate.

To have the best chance of succeeding in your compensation claim you need to be able to provide good quality evidence. In order to enable the court to recognise a legitimate claim as opposed to fake injury claims, it is beneficial to provide police reports which state exactly what happened as the police officer viewed it at the scene of the accident.

If you are able to it is also helpful to gather information about the other driver involved, including their name, address and vehicle details. If there were any witnesses to the accident then gather their names and contact details too. If you have access to a camera, perhaps on your phone, then take photographs of the scene and ask any witnesses who may also have taken photographs to share them with you.

Whilst you are at the scene of the accident you will obviously be feeling very shaken up and possibly be injured but if at all possible it will strengthen your case if you can pay attention to any damage that has occurred to any vehicles involved, any skid marks and any obvious traffic signals at the scene. Try to write down the details you remember while they’re still fresh in your mind.

If you need to get your car mended following the accident then keep records of the repairs as the way in which your car was damaged may provide evidence to support your statements.

Likewise, if you yourself have suffered an injury we strongly recommend that you seek medical attention as soon as possible. Ensure that all the details of your injuries have been recorded as this too will help to provide evidence of the way in which the accident occurred. For example, whiplash usually occurs when there has been a collision and the impact has damaged your neck. Having a medical examination and being able to evidence your injuries from a professional perspective helps you to prove that you are not lying about injuries in a car accident.

For more information on the steps you can take if you’re injured in a car accident, call our team. They could connect you with a personal injury lawyer with car accident claims experience. A solicitor could then offer legal advice and help you gather relevant evidence to support your case.

How To Claim For An Injury After A Car Accident

In order to launch a claim, you must demonstrate that someone breached the duty of care they owed you and caused you harm as a result. Additionally, there are several steps you can take to strengthen your claim.

For example, if you’ve suffered an auto accident injury of any kind, a doctor or medical professional could help assess and evaluate your injuries to ensure you receive the correct treatment. This is also an important part of the claims process because your medical records can act as evidence, detailing any injuries you sustained and your treatment plan. You could have suffered multiple injuries after a car accident. If this is the case, your medical records can provide details on all your injuries to give a well-rounded evaluation of your injuries.

Injuries after a car accident can vary in severity. However, an independent medical assessment that you attend as part of the claims process could provide a report to help illustrate the potential short-term and long-term effects of the accident. This can be used to help when valuing your injuries. If you choose to hire a solicitor to represent your case, they could arrange for you to attend this appointment in your local area.

Other evidence that could help illustrate how an auto accident injury was caused by negligence includes witness contact details, CCTV footage, police reports and photographs of your injury. You could also provide a detailed account of how the accident occurred, including the date, time and location.

To learn more about how to claim for an injury after a car accident, please contact our advisors. It costs nothing to get in touch, and there are no obligations to start a claim with us if you speak to one of our advisors. They can tell you if you’re eligible to claim and even provide you with a relevant compensation estimate for your car accident injury.

What Does Personal Injury Compensation Include?

With personal injury claims, your settlement may comprise general and special damages. Each of these allows you to seek compensation for different damage you’ve experienced as a result of your injuries.

General damages

If you have been involved in a car accident you may have experienced physical harm such as a leg injury, back injury or head injury. Additionally, you may have experienced a psychological injury.

General damages provide compensation for any pain and suffering you have experienced as a result of physical and psychological injuries.

The compensation you’re awarded may vary depending on the severity of your injuries and the impact they have on your quality of life. Medical evidence may be used to assess the full extent of the harm you sustained.

Special Damages

These are additional costs and/or losses that you have incurred as a direct result of your injury. We’ve included some examples below. It’s important to keep evidence relating to these expenditures. Otherwise, you may not be able to reclaim them.

  • Medical bills. If you had to seek medical treatment following the accident which left you out of pocket then you can claim this back within your personal injury claims. This can include physiotherapy or rehabilitation following the accident in order to get yourself back to full health. Ensure that you keep all receipts and documentation to enable you to claim back the maximum amount.
  • Travel costs. You may have paid travel costs, for example, travel by taxi to hospital appointments, which have left you out of pocket. As long as you keep the receipts for this travel which was directly related to your accident then you should be able to make a claim to get it back.
  • Care costs. If you were so unwell that you were unable to carry out basic household tasks and have required somebody to come and help you out at home then you can claim care costs to compensate for your carer’s time and expenses.
  • Loss of earnings. Whilst you recover from your injuries you may have been unable to work. If this is the case then you can claim for the loss of earnings you would otherwise have been paid if you were able to attend your place of employment. If your injuries are so severe that you are unlikely to be able to return to work or progress in your chosen field of work then you may also be within your rights to claim for future loss of earnings based on what you made otherwise have expected to earn.
  • Childcare costs. If the injuries which are directly related to your road traffic accident mean that you are unable to take care of your children, and as such have been required to pay childcare costs then you may be able to put forth to claim this back within your damages.

If you sustained an injury after a car accident, call our team to find out how much compensation you could receive. They can provide a free valuation of your injuries and give an estimate of how much your claim might be worth.

How Much Can I Claim For Injuries After A Car Accident?

An injury after a car accident could mean that you’re eligible to receive compensation. It is important that the incident must have been caused by negligence in order to make a claim. If you have been involved in an auto accident, and injury could either be physical or psychological. In some cases, you could sustain both categories of injury.

The level of suffering you experience can mean that the amount you receive may also vary. Due to this, legal professionals need to make a calculation specific to your circumstances to make sure that the amount you receive is of an appropriate level. The amount regarding your injuries is known as general damages.

To assist them with this, they have resources such as the Judicial College Guidelines (JCG). This publication is updated on a semi-regular basis – it was last done so in 2022. The table below shows figures from the JCG. These should give you a rough idea of how much your general damages payment could be worth.

Type of InjuryDescriptionAmount
Brain/head(b) Moderately severe brain damage - resulting in very serious disabilities£219,070 to £282,010
Back(a) Severe - (i) most extreme forms of back injury that involve spinal cord and nerve root damage that result in serious consequences£91,090 to £160,980
Back(b) Moderate - for example, a crush fractures with a great risk of osteoarthritis £27,760 to £38,780
Back(c) Minor - complete recovery in 3 months Up to £2,450
Psychiatric damage(a) Severe - With a poor prognosis£54,830 to £115,730
Neck(a) Severe - (iii) injuries that cause fractures, dislocations, or damage to the soft tissue - disabilities will be significant and permanent£45,470 to £55,990
Neck(c) Minor - (ii) complete recovery period will be 1-12 monthsUp to £4,350
Neck(c) Minor - (iii) recovery will be complete within a 3-month periodUp to £2,450
Shoulder(d) Minor - Soft tissue damage with pain, but almost full recovery within a yearUp to £4,350
ShoulderClavicle Fracture£5,150 to £12,240

Get in touch if you’d like a more accurate valuation. If we think you may be owed compensation, we could connect you to a car accident injury lawyer to assist you with your claim.

No Win No Fee Car Accident And Injury Claims

No Win No Fee claims mean that you do not need to provide any payment upfront. All of the personal injury claims our solicitors handle are made under this type of agreement, which provides you with a way to fund legal representation.

In this type of transaction, you are not required to pay your solicitor a success fee if your personal injury compensation claim is not successful. If however, you do receive a compensation payout, a legally capped success fee will be taken from your compensation.

For more information on working with our personal injury lawyers with car accident claims experience, please call our team on the number above.

Why Make Your Road Traffic Accident Claim With Us?

Legal Expert are highly successful and experienced personal injury specialists. We have successfully helped clients who have won hundreds of compensation claims over the years.

Our aim is to make the claims process as simple and straightforward for you as we can. We take the burden as much as possible. Speak to one of our specialists today, tomorrow or whenever you’re ready to find out more about the claims process and ways in which we can assist you.

For more information about how our solicitors work and the services they offer, read the reviews left on our page by previous clients.

Speak To Our Specialists Today About How You Can Prove An Injury From A Car Accident

If you have suffered an injury after a car accident that was caused by someone else’s negligence, you may be eligible to seek compensation.

As soon as you are ready to talk to us we will be waiting. Call us on 0800 073 8804 or contact us via the online contact form on our website to request a callback and we will call you back at a time convenient to you.

Useful Links About Seeking Car Accident Compensation

Delayed Whiplash Injury Claims

If you suffered whiplash but experienced delayed symptoms, see the guide above to find out whether you’re still eligible claim.

Whiplash – An NHS Guide

The guide should give you information on what whiplash is and how it is treated.

Road Accidents And Safety Statistics

For more road traffic accident statistics, see the government resource above.

What Is a Litigation Friend?

Visit the government guide above about claiming on someone else’s behalf.

Road Accident Caused By An Animal

If you have experienced injuries resulting from a car accident caused by an animal, see the guide above to find out whether you could claim.

Cycling Accident Claims

The guide above explores how you can claim compensation for injuries sustained in a cycling accident.

Motorcycle Accident Claims

In the guide above, you can find out how to make a claim following injuries you sustained in a motorcycle accident.

Motor Insurers’ Bureau Claims

If you were involved in an accident caused by an untraceable or uninsured driver, see the guide above. It provides information on how the Motor Insurer’s Bureau could help you seek compensation in these situations.

If you need any more information on how you can prove an injury from a car accident, call our team. They can assess whether you’re eligible to claim compensation for injuries sustained as a result of someone else’s negligence.

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