Medical Evidence in Personal Injury Claims
Medical evidence is the foundation of every personal injury claim. Without proper evidence of injury, causation, and prognosis, no claim can succeed. UK practice has well-established frameworks for obtaining and using medical evidence — from the MedCo system for soft-tissue road traffic claims through to multidisciplinary expert evidence for catastrophic injury cases. This guide explains what medical evidence you need, where it comes from, and how it shapes your claim.
In this guide
- Your Treating Medical Records
- Independent Expert Medical Evidence
- The MedCo System for Soft-Tissue RTA Claims
- Types of Medical Experts
- Joint Expert Evidence
- When Evidence Is Obtained
- The Cost of Medical Evidence
- Common Questions About Medical Evidence
- Related Guides
- Our Partner's Fees Explained
- Check If You Could Claim Compensation For Your Injury
Medical evidence in UK personal injury cases comes from two main sources. First, your treating medical records — the contemporaneous records of A&E attendance, GP visits, hospital admissions, scans, and treatment. Second, independent expert evidence — reports prepared specifically for the litigation by medical experts instructed for that purpose. Both sources matter; specialist solicitors work with both throughout the claim.
Your Treating Medical Records
The first piece of medical evidence in any claim is your existing medical record. This typically includes:
- A&E attendance records — including triage notes, examination findings, investigations, and discharge advice
- GP records — consultations, referrals, prescriptions, medical certificates
- Hospital admission and outpatient records — including imaging (X-rays, CT, MRI), surgical notes, follow-up clinic reports
- Physiotherapy and occupational therapy records
- Mental health records where relevant
- Pre-existing condition history
These records are obtained through a Subject Access Request to each medical provider (free under data protection law, typically responded to within one month). They are the contemporaneous proof of what happened, when, and what treatment you received. The records also establish your pre-accident baseline against which the injury is measured.
Independent Expert Medical Evidence
In addition to existing records, every personal injury claim involves at least one independent expert medical examination. The expert:
- Reviews your existing medical records
- Examines you in person (or sometimes remotely for follow-up reports)
- Takes a detailed history of the accident, injury, and recovery
- Provides an opinion on causation — was the injury caused by the accident?
- Provides an opinion on prognosis — how long will recovery take? Is the injury permanent?
- Quantifies any disability or restriction
- Identifies any further treatment that may be needed
Reports are prepared in accordance with Civil Procedure Rules Part 35, which sets standards for expert independence. Experts owe their primary duty to the court, not to the party instructing them. Reports must be objective, comprehensive, and address contrary opinions where they exist.
The MedCo System for Soft-Tissue RTA Claims
Since 2015, soft-tissue injury claims from road traffic accidents (typical whiplash cases) have used the MedCo Registration Solutions system to ensure independent medical evidence. MedCo works as follows:
- Solicitors must obtain initial medical evidence through MedCo
- MedCo randomly allocates experts from a panel — neither party chooses
- Standard MedCo report (called a Fixed Cost Medical Report) covers the basics
- Reports are produced by accredited medical experts
- Fees are fixed at modest rates set by MedCo
- The system prevents “tame” medical experts from being used repeatedly
MedCo applies only to soft-tissue RTA cases falling within the whiplash tariff. For other personal injury cases, parties instruct experts directly outside the MedCo system, with the choice of expert subject to challenge by the other side under CPR 35.
Types of Medical Experts
Different injury types require different expert specialties:
- Orthopaedic surgeons — for fractures, joint injuries, spinal damage, soft tissue
- Neurologists / neurosurgeons — for brain and spinal cord injury, nerve damage
- Neuropsychologists — for cognitive impact of brain injury
- Plastic surgeons — for burns, scarring, cosmetic outcomes
- Psychiatrists — for PTSD, depression, anxiety, other psychiatric injury
- Psychologists — particularly clinical psychologists for non-psychiatric mental health
- ENT surgeons — for hearing loss, tinnitus, vestibular injury
- Ophthalmologists — for eye injuries and visual impairment
- Respiratory consultants — for industrial lung disease
- Occupational health physicians — for work-related conditions
- Pain consultants — for chronic pain cases
- Care experts — typically specialist nurses or OTs — for lifetime care needs
- Accommodation experts — for housing needs in catastrophic cases
Complex cases involve multiple experts whose evidence is coordinated by the solicitor. Settlement is usually only possible once the core medical picture is complete from all relevant disciplines.
Joint Expert Evidence
In smaller cases, the parties may agree on a single joint expert — one report shared by both sides. This is common in fast track personal injury work (claims under £25,000). In larger cases, each side typically instructs its own expert and the court may require a meeting between experts to identify areas of agreement and disagreement (a “without prejudice” joint statement under CPR 35).
When Evidence Is Obtained
Timing of medical evidence is important. Too early and the long-term picture is unclear — leading to under-valuation. Too late and the claim drags on unnecessarily. Specialist solicitors balance these considerations:
- Initial assessment — usually 3-6 months after the accident, once acute injury has stabilised
- Follow-up reports — for cases where prognosis is still developing, typically at 12 and 24 months
- Specialist input — added as needed (psychiatric assessment, neuropsychology, etc.)
- Final report — close to settlement, confirming current status and prognosis
The Cost of Medical Evidence
Medical expert fees are disbursements paid by your solicitor and recovered as part of the claim. Typical fees:
- MedCo soft-tissue report — fixed at modest rate (around £200)
- Orthopaedic report — £750-£2,500 depending on complexity
- Neurological / neuropsychological report — £2,500-£5,000
- Multi-specialty catastrophic injury package — can exceed £50,000
- Joint statements and addendum reports add further cost
All disbursements are covered by the ATE insurance during the case. Where the case succeeds, the defendant pays the disbursements as part of the costs. Where the case fails, ATE insurance pays them. The claimant does not bear the cost directly.
Common Questions About Medical Evidence
Do I have to attend the medical examination?
Yes — the medical examination is essential. The defendant’s insurer cannot properly assess the claim without expert opinion, and the expert cannot give an opinion without seeing you. Failure to attend without good reason can result in the claim being delayed or stayed. The examination is typically straightforward — a focused medical history and examination, lasting 20-60 minutes. The solicitor arranges it; you don’t need to find your own expert.
Can I see the medical report before it goes to the other side?
Yes. Your solicitor will provide you with the draft report and discuss it with you before disclosure. If you disagree with any factual statements (the history of the accident, your previous medical history), corrections can be requested before the report is finalised. You cannot dictate the expert’s opinion, but you can ensure the factual basis is accurate.
What if I disagree with the expert’s opinion?
Where the report is unfavourable on key issues (causation, prognosis), specialist solicitors discuss whether to obtain a second opinion. In some circumstances, an alternative expert may produce a more favourable report. The court ultimately decides which expert evidence to accept, and the relevant CPR rules limit how many experts each side can use. The choice between continuing with the existing report or seeking an alternative is a strategic decision.
Can I use my own treating doctor as the medical expert?
Generally not. Your treating doctor cannot be the formal medical expert because they lack the necessary independence. They may provide a witness statement of fact about the treatment they provided, but the formal opinion evidence must come from a separate independent expert instructed for the purpose. The treating records remain important evidence; the formal expert provides the legal-grade opinion on top.
How long does it take to get a medical report?
From instruction to delivery of the report typically takes 6-12 weeks. The expert needs to schedule the appointment (typically 2-4 weeks), examine you, review the records, dictate the report, and have it transcribed and finalised. Specialist firms have established relationships with experts that often expedite this. Catastrophic injury cases with multiple experts can take 3-6 months to assemble the full evidence picture.
Is this work funded on no win no fee?
Almost all UK personal injury and clinical negligence claims are funded under no win no fee Conditional Fee Agreements (CFAs). You pay nothing if the claim is unsuccessful. If successful, the success fee is capped under LASPO 2012 at 25 per cent of general damages and past losses (future losses excluded). After-the-Event insurance covers disbursements and protects against adverse costs. The ATE premium is normally payable only if you win, deducted from your compensation — it is no longer recoverable from the defendant — and your solicitor must explain how the premium and disbursements are treated before you sign (see how ATE insurance works).
Related Guides
Evidence Needed for a Personal Injury Claim
Pre-Action Protocol for Personal Injury Claims
Pre-Action Protocol for Clinical Disputes
How Long Does a Personal Injury Claim Take?
What is a Conditional Fee Agreement (CFA)?
Personal Injury Claim Time Limits UK
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