Evidence and medical information in personal injury claims

Different questions need different evidence

Photos, witness statements, accident forms and incident reports can help establish the circumstances. Medical information concerns symptoms, treatment and limitations. Invoices and income records support the financial consequences. One document usually does not prove all these elements at once.

List your records with a short description and date. Keep original files alongside the copies you send. Ask witnesses to describe their own observations. Do not complete statements for them, and distinguish your own memories from what others told you.

The role of medical assessment

A medical adviser can assess the nature and severity of an injury, recovery and the possible connection with the accident. Additional expertise is sometimes needed. The legal assessment of losses subsequently depends on more than a diagnosis or a permanent impairment percentage alone.

De Letselschade Raad explains that medical information is requested with express written consent. When authorising access, ask which providers, period and questions it covers. Also discuss who assesses the information and what conclusions the claims handler receives. Do not share a complete record through a general contact form.

Keep the file useful

Record symptoms and changes in functioning without needing long daily reports. Keep information about improvement and earlier relevant symptoms too. A complete, honest picture helps assess possible causes and prevents important information being discussed only late in the process.

If many documents are requested, ask the purpose and what remains missing. Discuss uncertainties with your representative or medical adviser. An expert medical assessment can be demanding; ask in advance about the expert, questions, your involvement and costs.

Map evidence to each question

For each disputed issue, record what you want to establish and which document supports it. A floor photo supports a description of the workplace; a payslip concerns income; consultation notes concern medical findings. A large file is not automatically a strong one. A brief reference to the relevant passage helps the assessor more than repeatedly sending every file again.

Also note what a document does not prove. An appointment confirmation, for example, shows a planned consultation but not necessarily the diagnosis. A damage photo shows damage, but not always speed or the precise direction of impact. Recognising these limitations prevents you or the other party from drawing overly definite conclusions. Ask what targeted additional information can fill the remaining gap.

• For each disputed point, list the question, available document and missing information.
• Keep photographs, messages and witness details in their original form.
• Link expense evidence and income documents to separate heads of damage.
• Record the agreed next action and who will take it; do not invent unknown facts.

Let witnesses explain what they personally know

Ask a witness about location, time, visibility and personal observations. Did they see the incident develop or only the aftermath? Record contact details and their relationship with you. A relative is not automatically unusable, but the relationship should be clear. Let people choose their own words and avoid a jointly written narrative that obscures who actually saw what.

A statement can contain uncertainty. An estimate differs from an exact measurement. Do not ask for an exact speed or distance if a witness cannot provide it. Retain the statement's date and ask whether the person is willing to remain contactable. Your representative can explain whether an additional conversation or formal witness statement is needed for the particular dispute.

Keep digital records usable and traceable

Retain original photos, emails and files alongside an organised working folder. Give copies recognisable names with dates and subjects, but do not change original content. Context matters for messages: an isolated screenshot fragment can leave unclear who wrote something and what the answer concerned. Where possible, save the relevant conversation without distributing unnecessary private conversations belonging to others.

Use a document index recording what you hold and when you shared it. This prevents people working from different versions. For confidential records, ask for a secure delivery route. A public storage link or general contact form is not automatically suitable for medical records. Share only what the specific purpose requires and discuss doubts with your representative.

Understand a medical authorisation before signing

An authorisation should make clear what information is requested and why. Ask which healthcare providers, period and subjects are covered. A focused question can sometimes suffice where a complete file would be excessive. That does not mean you can always exclude relevant earlier information; necessity depends on the medical and legal questions in your case.

Also ask who receives the information, who forms the medical opinion and what conclusions other case handlers receive. An insurer needing medical interpretation is not automatically entitled to circulate every complete private file among every employee. The Medical Section of the claims code and professional rules provide a framework. Have someone explain how this is organised practically in your case before giving broad consent.

Link financial consequences to supporting evidence

Connect each cost item to a receipt, statement or other explanation, and show what you personally paid. For transport, the date, destination, purpose and method are useful. For assistance, tasks and hours matter. Lost income needs comparable periods and explanations of the work situation. A bank debit proves payment, but not always its cause or legal necessity.

If a document is missing, record why and what other information exists. A diary, email or statement may sometimes help; an invented retrospective invoice plainly cannot. Ask what supporting evidence is reasonably expected. Variable income or informal assistance may need additional explanation in particular. Keep different forms of evidence alongside each other so one missing document does not make the entire overview unreadable.

Handle missing or disputed information

After a rejection, ask which fact the other party considers insufficiently supported. Saying there is too little evidence is a starting point for clarification, not a specific investigation instruction. Identify which missing answer remains decisive and whether the information can be obtained. Additional expert assessment only has value when its questions address the actual disagreement and its cost and burden have been considered.

Keep records that do not entirely fit your initial account too. A complete file allows difficult issues to be discussed in advance rather than confronting them only later. Your representative can explain legal relevance and how contradictions are addressed. Record a factual correction or addition separately, preserving visibility of the original source.