More and more personal injury law suits are being dismissed each day in the Courts. Many of these cases are dismissed because vital evidence was not secured at the time of a Claimants accident. That then leads to an evidential deficit when the case goes to Court. If machines, floor surfaces, training records or CCTV footage is not secured to ensure its availability at the Trial.
Some lawyers who work in General Practice do very little personal injury work, so they often are often not fully familiar with the changing system in the Courts. Evidence is being tested much more vigorously now than previously and it is essential that at the beginning of the case all relevant evidence is secured as this could mean the winning or losing of a case.
CCTV footage of how an accident happened is crucial and should be requested within twenty-one days of the accident. This request can be made under the Data Protection Act and if the CCTV footage captures a Claimant’s image it must be provided. Failure to secure such evidence leaves the Court with a doubt as to exactly how an accident happened. Every picture tells a story so the importance of CCTV footage can never be over looked.
Your Solicitor should be familiar with the Date Protection Rules and should always make a request for the CCTV footage immediately after your accident. It is also important that every person who is injured in an accident immediately contacts their Solicitor to get legal advice to make sure the relevant evidence is immediately secured and is available for the Trial.