What are the initial steps in starting a personal injury claim?

Preserve the scene and secure evidence immediately

The most important first step after an accident is to preserve any evidence that may be relevant to your claim. While the Injuries Resolution Board (IRB) process focuses primarily on medical and documentary evidence, liability can still become a contested issue, particularly if your claim proceeds to court. Early, accurate evidence is key.

In many cases, it is highly advisable to engage a forensic engineer to inspect the scene of the incident as soon as possible. Whether your injury occurred on a public footpath, at a workplace, or on the road, a forensic expert can:

• Take precise measurements
• Create sketches and diagrams
• Capture photographs
• Record site conditions

Time is critical. Evidence such as skid marks, broken machinery, debris, or defects can quickly disappear. If this information is not preserved promptly, it may never be recovered.

Act quickly in workplace accident cases

In workplace accidents, evidence can be altered or removed within hours. Employers may clean or repair hazardous areas before they are properly documented. If you engage a solicitor early, they can act immediately to protect the integrity of the evidence.

A solicitor can:

• Issue a preservation notice to your employer, requesting that the scene remains untouched until your expert has inspected it.
• Apply for a court injunction if the employer refuses to cooperate, preventing the destruction or alteration of key evidence.

Prompt legal intervention can be the difference between proving liability and losing your claim.

Request and secure CCTV footage promptly

Due to the widespread use of CCTV in public spaces and workplaces, video footage can play a vital role in verifying what happened. If your accident was captured on camera, the footage may provide objective evidence to support your account.

CCTV footage is often deleted after a short period – sometimes within 7 to 30 days – so immediate action is essential. You or your solicitor should:

• Identify the CCTV operator (whether a local authority, private business, or employer)
• Submit a formal request for the footage
• Ensure the footage is provided in a durable format (e.g. USB or CD-ROM)

Under GDPR and data protection laws, individuals are entitled to request copies of personal data, including video in which they are clearly identifiable.

Engage a solicitor early in the process

Although you are not legally required to use a solicitor when submitting a claim to the Injuries Resolution Board, seeking early legal advice can significantly strengthen your position. A personal injury solicitor can:

• Advise you on the preservation of evidence
• Identify potential legal pitfalls
• Ensure all time limits are complied with
• Help you assess any early settlement offers
• Guide you through both the IRB and court process (if required)

In serious or complex cases, particularly those involving disputed liability, legal support is not only helpful but often essential.

A final tip – Do not delay

The two-year limitation period begins from the date of your accident. However, evidence can disappear within hours or days. Taking action early will put you in the strongest possible position to succeed with your claim.

If you are unsure where to begin, feel free to contact us for confidential, no-obligation advice.