If you have been injured in an accident due to the negligence of another party, you may be able to claim personal injury compensation. If your personal injury solicitor believes that your claim may be practicable, you will need to have access to all relevant medical documents concerning your injury. The medical documents will constitute evidence of your injury, and will be required for the Pre-Action Protocol, and for any subsequent court case.

Most personal injury claims for compensation are civil cases, rather than criminal matters. Indeed, the majority of lower-value personal injury claims do not get as far as the court-room. Under the terms of the Pre-Action Protocol, many compensators (usually the other party’s insurers) are willing, after examination of the medical evidence, to settle financially before the matter goes further.

Medical documents relevant to your injury may include:

  • If you are employed and are unable to work for more than seven days, you will be required to obtain a Statement of Fitness for Work from your doctor or hospital. This will contain a statement of your condition and its effects regarding your work. You should keep a record of all Fitness notes you receive
  • You can make a written request for your personal medical records, in order to support your personal injury claim, under the Data Protection Act 1998 and Access to Health Records Act 1990. Reference to your medical records could indicate how your injury has impacted your general health, or affected any previous medical conditions. Your doctor or hospital will require proof of identity and a small fee. You should receive a reply from them within 40 days, and this is a legal requirement
  • You may need to be examined by an independent medical practitioner, depending on the complexity of your injury. This is particularly the case if your injury was sustained as the result of alleged medical negligence. Alternatively, your specialist solicitor may ask a medical expert to document an opinion on your case, with reference to your medical records

There is generally a three year time limitation, in which to make a personal injury claim; therefore, the best course of action would be to consult a personal injury solicitor without delay. Your solicitor will be able to assist you with gathering any medical documents you may need for your claim.


Last Updated on 29/08/2011





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