This is mainly done by way of medical evidence, often in serious cases supported by statements from yourself, your family, friends etc. We like to obtain a “before and after” picture, that is to say what your life was like before the accident, and how (if at all) it has been affected since. Family, and friends who have known you for some time, are likely to be best placed to give an insight into this.

If you feel that your life has been seriously affected, and you have some old photographs showing you doing active things that you can no longer do, preferably not too long before the accident, bring them into us. We may not use them, but they could be very useful in some cases.

With regard to the medical evidence, what will normally happen is that we will obtain your medical records from you GP and any hospital which has treated you. At an appropriate time, and we will advise you of this, we will obtain a report from a suitable doctor who is a specialist in your field and not responsible for your treatment. He will be entirely independent.

In most cases and all serious cases, it is likely that the Defendant’s will wish to obtain their own medical evidence, and they will seek to obtain your own medical records which they will wish to consider, and pass to their consultant. They (and we) may also need to obtain your personnel/occupational health and other records, this can be relevant both to injury and losses, in serious claims.

We would hope that the consultant in question would look at your medical records, and then examine you, before writing a report setting out the nature of your injury, your progress and treatment, your current situation, give a diagnosis, and prognosis for the future.

The type of doctor we may use is, for example, an orthopaedic surgeon for fractures and the like, and whiplash; a neurologist or perhaps even a neurosurgeon for head/brain injury; a rheumatologist or pain specialist for a musculoskeletal or pain condition, Fibromyalgia etc; a consultant psychiatrist in cases of severe psychological or psychiatric damage (for example post traumatic stress, depression and so forth). The type of expert required will depend upon the nature of your injury, and the above is just a short summary. Sometimes reports from various different doctors will be necessary.

It is highly important that you be entirely honest both with us and with your medical expert. Do not say that you cannot do something, if what you actually mean is that if you do it, you suffer too much pain and therefore avoid it. Obviously, if you really cannot walk at all, then it is appropriate to say so. If however you can walk to the end of the road, but only do so by holding onto a fence or a colleague, and then have to stop and rest before returning, say exactly that. Do not under play your problems, but do not overstate them either.

Also, some days may be better than others for you. If that is so, then say so, but explain exactly what is a good day, and what is a bad day. Make sure your medical examiner understands clearly what you say. Do not answer the question without thinking about it. 

(NB: There is a more detailed link under (“What do I tell the Doctor”)).