How medical assessments help a road traffic accident claim

Will the expert need to see my medical records?

Your medical records will always be reviewed as part of the assessment process.

Relevant GP, hospital, physiotherapy or other medical records can help an expert understand the treatment you received and how your condition developed after the accident.

Your earlier medical history may also be relevant if you had similar symptoms, a previous injury or an existing medical condition before the collision.

Having a pre-existing condition does not necessarily prevent you from making a claim. An expert may instead need to consider whether the accident caused a new injury, made an existing condition worse or brought forward symptoms that might otherwise have developed later.

Our team will explain which records are relevant and how medical information may need to be used as part of your claim.

When should a medical assessment take place?

The right timing will depend on your injuries and recovery.

In some cases, an assessment can take place relatively soon after an accident. In others, more time may be needed before a medical expert can give a reliable opinion about the likely outcome.

For example, you might still be undergoing treatment, waiting for an operation or experiencing symptoms that are continuing to change.

Where the long-term position is not yet clear, the expert may recommend allowing further time before a final prognosis is given. Another report or further specialist evidence may sometimes be needed later.

Equally, having already recovered does not mean medical evidence is no longer useful. An expert can consider how long your symptoms lasted, what treatment you needed and how the injury affected you during your recovery.

What if I have more than one injury?

A road traffic accident can result in several different types of injury, and one medical expert may not always be able to assess them all.

For example, a serious collision could cause physical injuries alongside a brain injury or psychological symptoms. Where it is reasonably necessary, evidence may be obtained from experts in different medical disciplines so that each significant injury can be properly considered.

This does not mean that every symptom requires a separate assessment. Our solicitors will consider what medical evidence is proportionate and necessary based on the circumstances of your claim.

What happens when the medical report is ready?

Once the expert has prepared their report, we will review it with you.

You will have an opportunity to check that the factual information is correct. This could include details such as the accident circumstances, your symptoms, treatment and employment.

Checking factual accuracy is different from approving the expert's medical opinion. The expert must give their own independent view, even if their conclusions are not what either side expected.

If you identify a factual mistake or something requires clarification, we can consider the appropriate steps to address it before the report is relied on.

The completed report can then form part of the evidence used to assess your injuries. It may also help identify whether further treatment or medical evidence is needed before your claim is ready to progress towards settlement.

Who pays for the medical report?

The fee for a medical or other expert report is known as a disbursement, which is a cost incurred while investigating and progressing a claim.

How these costs are dealt with will depend on your claim and the funding arrangement in place.

If we are able to handle your road traffic accident claim under a No Win, No Fee agreement, we will explain how medical report fees and other disbursements will be dealt with before you proceed. After the Event insurance may also be available to provide protection against certain costs if a claim is unsuccessful.

How our experts may be able to help

We offer a free, no-obligation assessment to discuss your road traffic accident claim and answer any questions you may have about the next steps.

Where appropriate, we may be able to handle your claim on a No Win, No Fee basis, and we will explain any costs or funding arrangements clearly before you decide whether to proceed.

Call us on 0800 260 5010 or request a callback to speak to our team.