Evidence Matters: What to Keep When Preparing a Compensation Claim

When you suffer an injury, gathering evidence may not be your first concern. You may be focused on recovering, attending medical appointments and managing the financial pressure caused by the incident.

However, the information and documents you preserve can play an important role in a compensation claim. Evidence helps establish what happened, the injuries you sustained, who may be responsible and the financial losses you experienced.

Whether your injury resulted from a road accident, workplace incident, medical negligence or another event, keeping accurate records from the beginning can help you prepare for the claims process.

1. Medical Records and Reports

Medical evidence helps establish the nature and extent of your injuries and the treatment you required.

Keep copies of relevant documents, including:

* Hospital admission and discharge records.

* Medical reports and doctors’ notes.

* X-ray, scan and laboratory results.

* Prescriptions and medication records.

* Physiotherapy and rehabilitation reports.

* Specialist assessments and records of follow-up appointments.

If your injury requires ongoing treatment, continue collecting updated reports. These may help demonstrate how the injury has affected your recovery and whether further treatment is necessary.

Seek medical attention promptly after an incident and explain your symptoms accurately to your healthcare provider. Do not delay treatment simply because you are gathering evidence.

2. Photographs and Videos

Photographs and videos can help preserve details that might otherwise be lost or forgotten.

Depending on the circumstances, useful visual evidence may include:

* Photographs of visible injuries at different stages of recovery.

* Images of the accident scene or hazardous conditions.

* Damage to vehicles, equipment or property.

* Photographs showing safety concerns, such as a damaged staircase or an unmarked hazard.

* Relevant CCTV footage, dashcam recordings or other video evidence.

Keep original files where possible and retain their dates and other available information. Avoid editing or altering evidence in a way that could affect its reliability.

If CCTV footage may be relevant, act quickly to request its preservation because some systems automatically delete recordings after a limited period.

3. Police Reports and Incident Records

If the incident was reported to the police or another authority, keep the relevant reference numbers and documents.

These may include:

* A police accident report or case number.

* Witness statements obtained by the police, where available.

* An accident sketch plan.

* An incident report completed by an employer or property manager.

* Relevant correspondence with the responsible organisation.

For road accident claims, the Road Accident Fund identifies police and accident records, medical documentation and supporting evidence as important parts of the claims process.

A police report can be useful evidence, but it does not necessarily establish every aspect of liability. Other evidence may be needed to determine how the incident occurred and who was legally responsible.

4. Witness Details

Witnesses may be able to provide information about what happened before, during or after an incident.

If someone witnessed the event, record their name and contact details, with their permission. Where appropriate, note what they saw and when they were present.

Avoid coaching witnesses or asking them to change their accounts. Their evidence should reflect their own recollection of events.

If a witness has already provided a statement, keep a copy if it is lawfully available to you. A legal representative can advise whether further statements or formal testimony may be required.

5. Proof of Medical Expenses and Other Costs

A compensation claim may involve expenses incurred because of an injury. Receipts and invoices help establish the amounts paid and the services received.

Keep records of:

* Hospital and consultation fees.

* Medication and medical supplies.

* Rehabilitation and therapy costs.

* Transport to medical appointments.

* Mobility aids or other necessary equipment.

* Other reasonable expenses connected to the injury.

Where possible, retain itemised invoices and proof of payment. If another person paid an expense on your behalf, record who paid it and keep the supporting documentation.

Do not assume that every expense will automatically be reimbursed. Whether a cost is recoverable depends on the legal basis of the claim, the evidence and the applicable rules.

6. Employment Records and Proof of Lost Income

An injury can affect your ability to work and earn an income. If you intend to claim for lost earnings or reduced earning capacity, financial and employment records may be important.

Depending on your circumstances, keep:

* Payslips from before and after the incident.

* An employer’s letter confirming your position, salary and absence from work.

* Records of unpaid leave or lost working hours.

* Tax returns and relevant financial statements.

* Business accounts or invoices if you are self-employed.

* Medical reports explaining work restrictions or periods of incapacity.

The evidence needed will depend on how you earn your income and the type of loss being claimed. For Road Accident Fund claims, supporting documents can include payslips, employment information, medical records and evidence of the claimed loss of earnings. If your injury affects your future ability to work, further medical or occupational assessments may be required.

7. Messages, Emails and Other Correspondence

Communication records can sometimes help establish what was reported, when it was reported and how the parties responded.

Keep relevant emails, text messages, letters and other communications with employers, insurers, property managers, healthcare providers or other parties involved in the incident.

For example, a message reporting a dangerous condition before an accident may be relevant to whether the responsible party knew about the risk.

Preserve complete conversations where possible rather than isolated screenshots. Do not delete relevant messages or alter records that may later be needed as evidence.

8. Keep a Record of How the Injury Affects Your Life

Not every consequence of an injury appears on an invoice or medical report. Some injuries affect mobility, independence, sleep, family responsibilities and the ability to participate in everyday activities.

Consider keeping a dated record of:

* Symptoms and changes in your condition.

* Difficulties with ordinary daily tasks.

* Time missed from work or studies.

* Assistance required from family members or caregivers.

* Activities you can no longer perform or can only perform with difficulty.

* Ongoing treatment and recovery milestones.

Be factual and consistent. A personal diary does not replace medical evidence, but it may help you explain the practical impact of the injury and provide useful information when discussing your case with a legal professional.

9. Identification and Supporting Documents

Depending on the type of claim, you may need to provide identification and other documents that establish your identity or legal relationship to another person.

These may include identity documents, birth certificates, marriage certificates, proof of dependency or documents authorising someone to act on behalf of a child or another person.

For certain Road Accident Fund claims, the Fund’s published requirements include identity documentation and, where the claimant is a foreign national, documentary proof of lawful presence in South Africa at the time of the accident. The exact requirements should be checked against the current rules and the circumstances of the claim.

If your documents were lost or damaged during the incident, explain this when seeking assistance and obtain advice on how to address the missing documentation.

10. Organise Your Evidence and Protect the Originals

Collecting documents is only part of the process. Keeping them organised makes it easier to locate information when a claim is assessed.

A simple system is to create separate folders for:

* Medical records.

* Accident and police documents.

* Photographs and witness information.

* Expenses and receipts.

* Employment and income records.

* Correspondence and claim forms.

Keep digital backups in a secure location and retain original documents where possible. Share sensitive information only with appropriate people and organisations involved in handling your claim.

If you are unsure whether a document is relevant, preserve it and ask your legal representative before discarding it.

11. Do Not Let Evidence Gathering Delay Your Claim

Some evidence takes time to obtain. Hospitals may need time to release records, witnesses may be difficult to contact, and the full effect of an injury may not be immediately clear.

However, do not assume that you must have every document before taking legal advice or starting the appropriate process.

Different compensation claims have different procedures and time limits. A claim against the Road Accident Fund, for example, has statutory requirements that differ from those governing many ordinary civil claims.

A qualified legal professional can help identify the relevant deadline, determine which documents are essential and explain whether further evidence can be obtained later.

Conclusion

Evidence can make a significant difference when preparing a compensation claim. Medical reports, photographs, witness details, financial records and other supporting documents can help establish what happened and how the injury affected your life.

Start keeping records as early as possible, preserve original information and organise your documents carefully. Most importantly, seek appropriate medical care and legal guidance without allowing the search for evidence to delay either.