Collecting evidence is essential in personal injury cases. You must demonstrate that an accident occurred, who is responsible, and what damage you have suffered. Strong evidence increases your chances of a successful claim.
What must you prove?
In a personal injury case, you must substantiate the following points:
- That the accident actually occurred
- Who the liable party is
- That you have sustained injury
- That the injury is a direct consequence of the accident
- The extent of the damage suffered
What means of proof can you use?
| Type of evidence | Examples |
|---|---|
| Documents | Police report, medical records, receipts |
| Witness statements | Descriptions from people who witnessed the accident |
| Expert reports | Medical analyses, assessments by labour experts |
| Visual material | Photos, video footage, dashcam recordings |
| Other sources | WhatsApp chats, email correspondence |
Actions immediately after an accident
Try to collect evidence as quickly as possible:
- Photograph the location, your injuries, and the damage
- Write down the contact details of witnesses
- Request an official police report
- Visit a doctor immediately to have your complaints recorded
- Keep all receipts and invoices
Importance of medical evidence
Medical documentation forms the basis of your case:
- Ensure your complaints are recorded immediately after the accident
- Keep a logbook of your symptoms
- Request a copy of your medical record
- An independent medical examination may be necessary
Role of experts
In complex cases, an expert may be engaged:
- Medical expert: Assesses permanent damage
- Labour specialist: Analyses your ability to work
- Damage expert: Calculates the financial impact
- Accident analyst: Determines the causation of the accident
What if there are no eyewitnesses?
In that case, other forms of evidence become more important, such as a police report, photos, dashcam footage, and medical documentation immediately after the accident. An accident analyst can help reconstruct the event.Do I have access to my medical record?
Yes, you may view your medical record and request a copy. A small fee may be charged for this. This record is crucial to prove your injury.How long should I keep evidence?
Keep evidence at least until your case is concluded. Given the limitation period of 5 years (and in some cases 20 years), it is advisable to retain evidence for a long time.Frequently asked questions about personal injury in Leiden
What are the first steps after an accident to collect evidence?
Taking immediate action is very important. Take photos of the situation, your injury, and the damage, note witness details, request a police report, and go to a doctor as soon as possible. Also keep all relevant receipts and invoices for your claim.
How do I prove that my injury was caused by the accident?
The connection between the accident and the injury must be clear. Have your complaints medically recorded immediately and keep a diary of your complaints. Medical reports and an expert examination can confirm this connection.
What if the other party disputes liability?
If the counterparty denies responsibility, you must prove with evidence that they are liable. Use police reports, witness statements, photos, or expert reports. A personal injury lawyer in Leiden can assist you.
How valuable is a police report?
A police report is a powerful means of proof because it provides an official account of the accident. It often contains details about the causation and any fault. Always check if the information is correct and request a copy.
Can I file a claim without photos or witnesses?
Yes, a claim is possible even without photos or witnesses. Other evidence, such as medical records, police reports, or expert investigations, may suffice. An accident analyst can assist with reconstruction.
Local support in Leiden:
For legal assistance, you can go to the Juridisch Loket Leiden at Stationsweg 46. In addition, the District Court of The Hague, Leiden location handles cases related to personal injury in this region.