Will I need a medical exam if I make an injury claim?

To make a successful claim, you will need a medical to help establish that your accident caused your injury, to ascertain the severity of your injuries and consider the long-term impact on your life. A medical assessment is a routine part of every personal injury claim.

The medical assessment

As soon as you start a claim for compensation, your solicitor will arrange for you to visit a medical expert who will assess your injuries and write a medical report for your solicitor.

The medical exam is a critical part of your personal injury claim even if you are already receiving medical care.

What happens during the medical?

The medical will be carried out by a doctor or medical professional with the relevant expertise for your injury. The medical will start with a Q&A session about your injury and the impact it has had on you.

Typical questions might include:

• How extensive are your injuries?
• Whether you had any pre-existing conditions that have worsened due to the accident
• If you have had similar injuries from previous accidents
• What treatment you have had for the injuries
• Have you had to take time off work?
• Can you carry out day to day tasks or do you now need help to do these?

The doctor will then carry out a physical examination to assess your injuries, the treatment they will require and the length of time they may take to heal.

Most appointments take around half an hour, although your examination may take longer if your injuries are complex or very serious.

A medical report will then be prepared and forwarded to your solicitor.

Further reading:

What happens during a medical examination for an injury claim?

How will the doctor be selected?

Your solicitor will arrange an appointment with a medical expert selected from a national panel. The chosen medical professional will specialise in your type of injury and will understand the legal aspects of a personal injury claim.

The medical expert will also be independent from any previous medical care that you have received.

Can my personal injury medical be carried out locally?

Yes. Your medical will be arranged at a medical centre near you. If you are unable to visit a local medical centre a home visit can usually be arranged.

Do I need to do anything to prepare for the medical?

At the medical you should be prepared to disclose everything you can think of that might have had a bearing on your injury.

It might be an idea to write down any relevant details about your accident and your injuries have affected your day-to-day life. You can also take a partner or a friend with you if you want to.

Will I have to disclose my medical records?

Yes. The medical expert will need access to your medical records to help understand whether any previous or existing medical condition might have contributed to your injury, or could affect your recovery.

At the beginning of your claim, you will be asked to sign a consent form. This allows your solicitor to obtain copies of your medical notes from your doctor and any physiotherapist, osteopath or other medical expert you might have seen.

You do not have to sign the consent form. However, the defendant's solicitor may argue that you are trying to conceal something that might be relevant to your claim. This may harm your claim later on.

What happens after the medical?

The doctor will issue a medical report detailing your injuries and how your injuries have affected your life. The report will include a prognosis for your recovery, further recommended treatments such as scans or X-rays, and an outline of future medical or care needs.

If you agree with the contents of the medical report, your solicitor will enter it in evidence of your claim.

If you disagree with the report, you have the right to challenge the contents. Your solicitor can discuss obtaining a second medical opinion and advise you how best to proceed.

Will I have to pay for the medical?

No. Under the terms of a no win, no fee agreement, you do not have to pay for the medical report.

How did your injury happen?

The claims process will vary depending on how your injury happened. Click the icons below to learn more:

Work accidents Public places Road accidents Medical negligence Other accidents

Author:
Gaynor Haliday, Legal researcher

About the author

Gaynor Haliday is an experienced legal researcher and published author. She has had numerous articles published in the press and is a legal industry commentator.