Proving Expenses In A Personal Injury Claim
When pursuing a personal injury claim under English law, one of the crucial elements is proving the expenses incurred due to the injury.
This process involves gathering and presenting evidence to substantiate your financial losses also known as special damages, ensuring you receive the compensation you deserve.
This guide will walk you through the types of documentation needed and how to effectively use them to support your claim.
1. Receipts
Receipts are fundamental in proving out-of-pocket expenses directly related to your injury. These can include:
- Medical expenses and bills: Payments for treatments, medications, physiotherapy, and any other healthcare services.
- Travel expenses: Costs for traveling to and from medical appointments by car, taxi or public transport.
- Purchases such as medical aids (crutches, wheelchairs) or home modifications.
Tip: Keep all original receipts and organize them chronologically for ease of reference.
2. Invoices
Invoices serve as official requests for payment for services provided. They are particularly useful for demonstrating:
- Professional services: Fees for private medical consultations or professional caregivers.
- Repair costs: If your injury caused damage to personal property that required professional repair services.
Tip: Ensure that all invoices are detailed, indicating the nature of the service, the date, and the cost.
3. Photographs
Photographic evidence can be compelling in illustrating claims for expenses. Consider including:
- Damaged property: Images of any personal property damaged due to the injury. For example, car or bicycle damage, damage to clothing or footwear or electronic devices
- Home modifications: Before and after photos of any home adaptations required to accommodate your injury.
Tip: High-quality, date-stamped photos are most effective.
4. Bank Statements
Bank statements provide a comprehensive overview of your financial transactions, helping to substantiate your claims for:
- Direct payments: Proof of payments made for medical treatments, medications, and other injury-related expenses.
- Loss of income: Evidence of reduced income or increased outgoings during the recovery period.
Tip: Highlight relevant transactions to make it easier for your solicitor and the court to identify pertinent information.
5. Wage Slips
Wage slips are essential for proving loss of earnings due to your injury. They can demonstrate:
- Reduced earnings: Any decrease in your income if you were unable to work or had to reduce your hours.
- Lost bonuses or commissions: Financial loss due to missed work opportunities or performance-based pay.
Collect wage slips from both before and after the injury to show the difference in your earnings. Pre-accident wage slips should cover at least 3 clear months of wages before the month of the accident.
6. Tax Returns
For self-employed individuals, tax returns are a critical piece of evidence to show financial loss. They help in:
- Verifying income: Demonstrating your usual income level and how it has been impacted by the injury.
- Calculating losses: Providing a basis for calculating loss of earnings.
Tip: Submit tax returns for at least the last three years before the accident (if available) to establish a clear financial history.
Proving expenses in a personal injury claim involves meticulous documentation and thorough preparation. By gathering receipts, invoices, photographs, bank statements, wage slips, and tax returns, you can build a robust case that clearly illustrates the financial impact of your injury. Ensure all your evidence is well-organised and presented clearly to strengthen your claim and improve your chances of receiving fair compensation.
If you are unsure about the process or need assistance, consult with a solicitor specialising in personal injury claims to guide you through every step. Please call us on 0808 271 9413 or request a call back online.