I haven't seen my GP - can I still make an injury claim?
If you did not seek medical attention immediately after an accident, will you still be able to make a successful personal injury claim?
I didn't seek immediate medical attention
If you have been injured in an accident you may have thought your injuries were not worth troubling your GP with. Perhaps you took some painkillers, rested for a few days and waited to recover.
However, sometimes the effects of an accident take time to become apparent and maybe you now feel you need to make a claim for the injuries you have sustained.Back to top
Do you need medical evidence to support your claim?
To have the best chance of succeeding in a personal injury claim you will need to present the right kind of evidence to support your claim. Medical evidence is usually required for your solicitor to be able to progress your claim and for the courts to be able to assess the claim’s value.
Generally the evidence starts with the medical records held by your GP.
If your symptoms are still ongoing then make an appointment as soon as possible so that you can discuss your injuries and start any necessary treatment. Your GP will note all this on your medical records.
Even if you believe you have recovered from your injuries it may be worth visiting your GP as he may spot something that you had disregarded.Back to top
My injuries are no longer apparent, how can I pursue my claim?
Although it may be more difficult to make a personal injury claim where there is no medical evidence, it does not mean that it is not possible.
Records of your accident may help prove that the sustained injuries you are claiming for could reasonably be linked to that time.
- If the accident occurred in the workplace it should have been recorded in the company’s accident book.
- If you were involved in a road traffic accident that should also be recorded, even if it was originally just an insurance claim for the damage to vehicles.
Other evidence to support your claim may include:
- Any witnesses to your accident – did anyone see you fall, help you to your feet? Could they provide a testimony?
- Might there be a CCTV record of your accident? For example you could check with shops and businesses if you had tripped in the street.
- Have you had to take time off work to allow your injury to heal or because you were unable to carry out your usual tasks due to the injury? Your employer’s records would be evidence that you were absent from your job on specific dates.
Once your solicitor has established that you are in a position to pursue a personal injury claim it is likely that you will need to undergo a medical examination with a doctor.
The medical report that he produces will be further evidence to support your claim. It will also help the court assess the extent of your injuries, the impact on your life and the amount of compensation you may be due for your pain, suffering and loss of amenity.Back to top
Is a claim worth pursuing?
Although it is preferable to consult a medical professional about your injuries at the earliest opportunity, do not be put off seeking legal advice just because you have had no treatment so far.
One of the benefits of personal injury compensation is that it can help you access rehabilitation treatments to help you recover more fully. This might mean referrals to other practitioners from your GP or paying for alternative therapies not always available through the NHS.