When it comes to making a claim for personal injury compensation when you are injured on a public footpath or highway, evidence is key. It’s both important to have the right evidence to be able to properly and adequately pursue a claim as well as having the right evidence to give yourself the best possible shot of succeeding with the claim.
So if you want to know the tips and tricks, read on for some vital advice.
First things first!
Always seek the medical attention you need as the absolute priority. Your health and wellbeing is the most important thing to look after so make sure you see a medical professional and follow their advice.
On a side note to this, it can be useful for your medical records to support the case as well, so make sure you explain exactly how the injury was caused. If you buy any medication, whether its prescription or over the counter, keep your receipts as we can look to claim these back for you as part of the case.
Initial Photos
Photographic evidence is vital! We will normally need it to firstly assess whether there are adequate prospects of success for a claim, and they are required as part of the investigations from the other side as well.
Taking photos in the right way is key. Here is how to do it:
Depth / Height photos
The photos need to accurately indicate the height or depth of the defect in clear measurement. The best way to do this is using a ruler or other measuring device that clearly shows the depth or height of the defect. If it’s sunken concrete or there is no flat surface like a lip to place a measuring device against, lay something flat like a piece of wood across the defect area and show the measurement from the wood or other material to the ground part where you fell. Think of it as like making a “T” shape where the horizontal top is the wood or material and the vertical stalk is the measuring device.
The key thing is that the height or depth is clearly identifiable in either inches or centimetres, and make sure you measure the part that actually caused the accident as well.
Landmark photos
To be able to easily identify the defect that caused the accident we need suitable landmark photos. The council or whoever investigates the claim will more than likely refuse outright to deal with the case unless we have these photos and / or a suitable map. But photos are still the best.
Take one of the defect with something nearby it like a coloured beverage can and make sure that there is a landmark in the shot – such a street sign, lamppost, shop front, or address. If it’s a lamppost then check the post because they should have identification numbers on them. We can then send the photos to the other side and confirm that the defect responsible for the accident is the one marked on the image nearby the landmark chosen. Easy!
Date Stamped Photos Thereafter
If you are able to do so, keep an eye on how long the defect is there for. If you find its still there after a few weeks or months, take some more snaps and make sure they are date stamped. The longer a defect is there for, especially when it’s already been reported to the council, the better chance you have of winning a claim.
One trick is placing a newspaper next to the defect in the image to show the date!
Witness Evidence
Speak to local residents or business owners / employees about whether they know how long the defect has been there for. If they confirm it has been there for quite some time then the chances of winning the claim may improve. Their vital evidence could be key in securing your compensation claim or failing to a standard council defence tactic.
Speak to us BEFORE you take any action or report the defect!
This is important – before you take any action or report the defect to anyone you should speak to us first. There are provisions and precautions we need to take beforehand so it is very important that you take heed of this warning because it could be the difference between winning and losing a case.
We can also offer far better and safer funding arrangements too so get in touch for our best deal on 0800 634 7575 today