How to Collect Evidence for Your Personal Injury Claim – Litigation, Mediation and Arbitration


Canada: How to Collect Evidence for Your Personal Injury Claim

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When you bring a personal injury claim, it is your responsibility to prove that one or more other people acted negligently and that your involvement in the accident caused you damage. If you have been involved in an accident and intend to file a personal injury claim, it is essential that you start gathering the evidence that will be necessary to support the claim as soon as possible. Although each claim is unique, the typical collection of evidence for a personal injury case will include the following:


Photos of anything related to the accident can be helpful in establishing responsibility for the incident and the severity of the impact involved in a collision. Use your mobile phone or camera to take pictures of vehicles or equipment at the scene of the accident, of any property damage including damage to your personal property, pictures of the location or of the road where the accident occurred and photos of the injuries you sustained. When taking photos for your case, keep these tips in mind:

  • Take pictures from different angles.
  • Also consider taking videos of the scene.
  • Make sure the date and time of the incident is shown on the digital photo file.
  • If possible, take pictures as soon as possible after the incident.
  • Consider taking pictures of your injuries over a period of time to show the progress of the injury.


Observations of independent witnesses to a collision can be crucial in establishing liability in situations where there are conflicting versions of events between the parties involved. Witnesses can give an unbiased description of how the accident happened and the condition of the parties immediately after a collision. If possible, identify as many witnesses as possible, obtain their contact information, and have them write down or record their observations about the accident as soon as possible after it has occurred. Since memories fade over time, documenting witness statements in writing after an incident will establish a record of their observations near the time of the incident.


Physical evidence can tell part of the story of the accident, for example who was at fault. Physical evidence can include many different things depending on your case – it’s usually something tangible, something you can see or touch. Some examples of physical evidence can be a dent in a car, a damaged bicycle, skid marks or grooves in the roadway, or torn clothing worn at the time of the accident. Keep in mind that physical evidence should be documented and retained as soon as possible after an accident and before it is lost, altered, repaired and even destroyed.


If you’ve been injured, you’ve probably been treated for those injuries to some extent. All medical records produced as a result of an accident will become evidence in your file and serve to establish the nature of the injuries sustained and the long-term functional implications of those injuries. Documents that are typically produced in the course of a legal action include:

  • Ambulance call report
  • Emergency files
  • Notes and clinical records of the family physician
  • Rehabilitation reports
  • Diagnostic reports
  • Lab results
  • Treatment plans
  • Arrangement
  • Specialist reports
  • In some cases, invoices and receipts

Whenever you speak to a healthcare professional, you should accurately describe all injuries and persistent symptoms at every opportunity to ensure that the records produced provide a fair and complete description of your continuing limitations.


If you’ve been in an accident, your injuries and lingering symptoms may prevent you from returning to work for some time. If you suffer a loss of income as a result of your involvement in an accident, you may be able to recover the lost income in the course of a lawsuit or a claim for disability or accident compensation. The law firm you hire will ultimately get your employment record and income tax returns from Revenue Canada, but it is helpful to be able to provide an overview of your work history, a detailed job description for your current position. , pay stubs as well as contact information for coworkers, supervisors, and human resources professionals within your employer’s organization.


Ontario law requires police to be notified as soon as possible if someone is injured in a car accident. If the police or ambulance were called to the scene of the accident, an accident report will likely have been created. The motor vehicle accident report will provide information about the place and time of the accident, may include diagrams drawn by the police, statements by people present at the scene of the accident and information regarding the charges worn.


Your description of the events leading up to the accident, how the accident happened, and the resulting injuries can help your personal injury lawyer understand how the injury happened. As soon as possible after the accident, write down any details you can remember, including a description of your injuries. Keeping a journal of the accident and the details that followed can help you remember the details when you need to review them at a later date. Alternatively, you can create a voice note or a video.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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