Medical evidence for a claim
Last updated · By Mustafa Bilgic
Why medical evidence is the foundation of a claim
You can describe your injury, but a claim is valued on independent medical evidence, not on your account alone. The medical report does three essential jobs: it proves you were injured, it links the injury to the accident (causation), and it sets the prognosis that determines value. This is why you almost always cannot settle a claim — even a minor one — until a report is in place.
What a medico-legal report contains
- History — how the accident happened and the symptoms you reported.
- Examination findings — the expert's clinical findings on examining you.
- Diagnosis — what the injury is.
- Causation — whether, in the expert's opinion, it was caused by the accident.
- Prognosis — how long symptoms will last and whether full recovery is expected.
- Treatment — recommendations such as physiotherapy or further investigation.
The prognosis is the part that drives value: a neck injury expected to resolve in nine months sits very differently in the JCG brackets from one expected to be permanent. See pain and suffering.
Who prepares the report?
An independent expert instructed for the purpose — not your treating GP. For minor injuries it may be a GP or physiotherapist expert; for serious injuries, relevant specialists (an orthopaedic surgeon, neurologist, psychiatrist and so on), sometimes several. The expert's duty is to the court, to give an objective opinion, regardless of who pays for the report. In low-value UK road-traffic claims, medical reports are commissioned through the fixed MedCo system to ensure independence.
The independent medical examination
You will usually attend an examination. Be accurate and honest: describe your symptoms and limitations truthfully, neither minimising nor exaggerating. Exaggeration is dangerous — defendants can obtain surveillance and your own social media, and a report contradicted by the evidence can sink a genuine claim and expose you to a finding of fundamental dishonesty.
| Claim | Typical medical evidence |
|---|---|
| Minor whiplash / soft tissue | Single GP/physio report (MedCo) |
| Moderate injury | Specialist report, possibly with imaging |
| Serious / multiple injuries | Several specialists; care & OT reports |
| Psychological injury | Psychiatrist or clinical psychologist report |
How evidence connects to value
The medical report fixes the injury bracket; your documentary evidence proves your losses. Together they let your claim be valued and settled — see how compensation is calculated. The free compensation calculator gives an indicative range, but a binding valuation always rests on the medical evidence.
What to expect at the medical appointment
A medico-legal appointment is usually fairly short. The expert will ask how the accident happened, take a history of your symptoms and how they have affected your daily life and work, and carry out a relevant physical (or, for psychological injury, psychiatric) examination. They will often have your medical records to review. You will not receive treatment at this appointment — its purpose is to assess and report, not to treat. Bring a list of your symptoms and any aids you now use, and answer accurately.
What happens if the medical evidence is disputed
Sometimes the defendant obtains their own medical evidence that disagrees with yours — on diagnosis, causation or prognosis. Where reports conflict, the experts may be asked to produce a joint statement narrowing the issues, and if the case goes to court the judge decides which opinion to prefer. This is one reason honesty at examination matters so much: an opinion that is well-supported by the contemporaneous records and consistent with how you have presented is far more persuasive. For how the agreed medical picture then sets the value, see general damages and how compensation is calculated.
Frequently asked questions
Do I need a medical report for a personal injury claim?
Almost always, yes. An independent medical report proves your injury, links it to the accident, and sets the prognosis that determines value. A claim generally cannot be properly valued or settled without one — even minor whiplash claims require a report, commissioned in the UK through the MedCo system to ensure the expert is independent.
Who writes the medical report — my own doctor?
No — an independent expert instructed for the purpose, not your treating GP. For minor injuries it may be a GP or physiotherapist expert; for serious injuries, relevant specialists such as an orthopaedic surgeon or psychiatrist, sometimes several. The expert's duty is to the court to give an objective opinion, whoever pays for the report.
What happens at the medical examination?
The expert takes a history of the accident and your symptoms, examines you, and forms an opinion on diagnosis, causation and prognosis. Be accurate and honest — describe your symptoms truthfully without minimising or exaggerating, because defendants can obtain surveillance and a report contradicted by the evidence can damage even a genuine claim.