Information Needed to Support Claim for Damages

June 2, 2014

My Claim for Damages

What information should I collect in support of my claim for damages and why?


Imagine you have been injured in an accident. You have just been discharged from hospital. You have been advised by the doctor that you will need some physiotherapy and medication. You are thinking of getting some advice from a solicitor about lodging a claim for damages. What information should you start collecting in support of that claim for damages and why?


It is crucial that you keep all relevant information so that you can successfully claim all of the damages that you may be entitled to recover from the other party. The success of your claim for damages may depend on the information you are able to provide about:


1. How the accident happened

Examples of relevant information include:


  • Photos of accident scene

  • Photos of any visible injuries (eg. scarring, bruising, etc)

  • Names and contact details for all possible witnesses who saw the accident happen

  • Names and contact details of the person/s to whom you reported the incident

  • Copy of the incident report lodged with the other party, if applicable.


2. How the injury has affected your work, social, recreational and domestic life 

Examples of relevant information include:


  • Payslips in the period immediately prior to the accident and subsequent

  • Taxation and/or pay records for the 3 years prior to the accident and subsequent

  • Details of any benefits received following the accident (eg. Workers’ Compensation, Income Protection, Centrelink, etc)

  • Any leave records showing the amount of time you took off work because of your injury (including any annual leave taken due to your injury)

  • Details of any assistance provided by co-workers following your return to work

  • Details of all job seeking efforts following your injury (eg. job applications, rejections, etc).

  • Details of the types of social/recreational activities you were performing immediately prior to your accident and whether these have been affected by your injuries

  • Details of the assistance you have received from others for personal care and domestic chores following the accident including receipts for any paid assistance


3. The expenses you have incurred in undergoing reasonable treatment for your injury

Examples of relevant information include receipts or records for expenses incurred for:


  • Prescription/non-prescription medications taken for your injuries.

  • Medical treatment/consultations

  • Travel

  • Aids and appliances purchased or hired to assist in your mobilisation (eg. wheelchair, crutches, back brace, wheat bags, massage equipment, etc)


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