Personal Injury Evidence Guide for Ireland

Photographs, witness details, recordings, medical records, accident reports and proof of financial loss may all help to establish what happened after an accident and how an injury affected the person involved.

The evidence required will depend on the circumstances. No single photograph, document or witness account determines liability or guarantees that a claim will succeed.

Safety and medical care come first. Call 112 or 999 in an emergency. Do not enter a dangerous area, interfere with emergency services or delay medically necessary treatment in order to collect evidence.

This guide provides general Irish information. It is not a substitute for medical advice or legal advice about an individual case.

What can personal-injury evidence help establish?

Evidence may be relevant to:

Where, when and how an accident occurred.
The people, vehicles, businesses or organisations involved.
The condition of a road, workplace, building, product or piece of equipment.
Whether a hazard, warning or safety measure was present.
The identity and recollection of witnesses.
The nature, cause and progression of an injury.
Treatment, recovery and the effect of the injury on daily activities.
Medical expenses, loss of earnings and other financial consequences.

Evidence should be obtained lawfully, recorded accurately and preserved in its original form where possible.

Start a dated account of what happened

As soon as reasonably possible, write a factual account in your own words. Record:

The date and approximate time.
The precise location.
Weather, lighting and surface conditions where relevant.
What you were doing immediately beforehand.
What you saw, heard and experienced.
The sequence of events.
The names or descriptions of the people involved.
Any conversation that occurred immediately afterwards.
When symptoms began and how they developed.
Where the accident was reported and any reference number received.

Separate what you personally remember from information later provided by somebody else. Do not backdate, rewrite or embellish an earlier account. If you remember something additional, make a new dated note.

Photographs and video

If it is safe and appropriate to do so, take photographs showing the overall location as well as the relevant detail.

Useful photographs may include:

Wide views establishing the location and approach to the area.
Medium-distance views showing the relationship between vehicles, objects or hazards.
Close views of damage, defects, spillages, debris or equipment.
Signs, barriers, road markings, warning notices or the absence of an expected warning.
Lighting, visibility and weather conditions.
Vehicle registration numbers and visible damage.
Relevant footwear, clothing or protective equipment.
Visible injuries, photographed respectfully and privately.
Changes to a visible injury during recovery where medically relevant.

Keep the original files. Do not replace them with screenshots, social-media copies or edited versions. Avoid filters, cropping or annotations on the original. If an explanatory copy is needed, retain it separately.

Back up the originals without changing their filenames or metadata. Record who took each photograph and approximately when.

Witness information

Where a person witnessed the accident or its immediate aftermath, ask whether they are willing to provide:

Their full name.
A telephone number or email address.
Their location when they observed the event.
A short description, in their own words, of what they saw or heard.

Do not coach a witness, suggest an answer or ask them to adopt your version of events. Record the date on which the information was obtained. A Garda or solicitor may later take a formal statement where appropriate.

CCTV and other fixed-camera recordings

CCTV may be overwritten after the controller’s retention period expires. There is no universal Irish CCTV retention period: the controller should have a period appropriate to its purpose and retain footage no longer than necessary.

Identify possible cameras promptly, including those operated by:

A shop, supermarket or service station.
An employer or building manager.
A local authority or transport operator.
An adjoining business or residence.
A car park, crèche, school or leisure facility.

Write promptly to the controller identifying the precise date, time, location and camera area. Ask that relevant footage be preserved and request the controller’s CCTV contact or data-protection details.

Images in which a person is identifiable are personal data. A person may make a subject access request for their personal data, but this does not provide an unrestricted right to all footage or to other people’s data. Redaction, restrictions or other legal considerations may apply.

In a CCTV-access case, the Data Protection Commission stated that the controller should preserve footage relating to the specified period until the requester confirms that they are satisfied with the response.

Data Protection Commission CCTV guidance

Keep:

A copy of the request.
Proof and date of delivery.
Any acknowledgement.
The controller’s response.
The footage or still images supplied in their original format.

Dashcam and mobile-phone recordings

Dashcam systems may overwrite older recordings automatically. Save relevant footage promptly and preserve the original memory card or source file where practical.

Create a working copy, but retain the original unchanged. Record which device created the footage and who controlled that device.

Do not post accident footage publicly or circulate it unnecessarily. Footage may contain personal data relating to drivers, passengers, witnesses or other road users, and data-protection obligations may apply. The Data Protection Commission provides specific Irish guidance on dashcam recording and publication. DPC dashcam guidance

Medical evidence

Seek medical attention according to your health needs. Medical treatment should not be delayed or undertaken merely to create evidence.

Give each treating professional an accurate account of:

How the accident occurred.
When symptoms began.
The areas affected.
Any change in symptoms.
Previous injuries or medical conditions that may be relevant.
Medication, treatment and referrals already received.

Keep a dated record of:

GP, hospital, physiotherapy and specialist appointments.
Diagnoses and treatment plans communicated to you.
Prescriptions and medication.
Referrals, scans, tests and follow-up appointments.
Medical certificates and periods of absence from work.
Reasonable treatment and travel expenses.
The practical effect of the injury on work, sleep, mobility and ordinary activities.

Do not exaggerate or minimise symptoms. If an appointment is missed or treatment stops, retain the relevant correspondence and record the reason accurately.

HSE guidance confirms that patients can request access to personal data including their medical information. The appropriate route may depend on the healthcare provider and the volume and age of the records. HSE information-access guidance

For an Injuries Resolution Board application, the treating medical report should identify the claimant, practitioner, accident and alleged injuries and should address matters including prognosis and relevant previous medical or accident history. Injuries Resolution Board medical-report guidance

Financial losses and expenses

Keep receipts, invoices and supporting records for expenses arising from the injury. Depending on the circumstances, these may include:

Medical-report and treatment charges.
Prescriptions and medical equipment.
Physiotherapy or other recommended treatment.
Reasonable travel associated with treatment.
Care or assistance costs.
Payslips and employer confirmation of absence or reduced earnings.
Self-employed income records where applicable.
Repair, replacement or temporary-transport expenses after a road collision.

Create a running schedule showing the date, supplier, purpose and amount of each expense. Keep proof of payment as well as the invoice.

The Injuries Resolution Board distinguishes compensation for injury from out-of-pocket expenses and loss of earnings. It requests receipts and proof of financial loss when assessing relevant amounts. Whether a particular cost is recoverable remains case-specific. Injuries Resolution Board claims process

Reporting the accident

Road traffic collisions

After a road traffic collision, if somebody is injured or appears to require assistance, attend to safety and call 112 or 999 where necessary.

See also the evidence context for an uninsured or unidentified driver and a cyclist collision.

An Garda Síochána states that a driver involved in a collision must stop and remain for a reasonable time, offer assistance where somebody is injured and provide the required identity, vehicle and insurance information. Where somebody is injured and no Garda attends the scene, the collision must be reported to the nearest Garda station. Garda road-collision guidance

Keep the Garda station name, attending Garda’s details where available, date of report and PULSE or other reference number.

Workplace accidents

Report a workplace accident promptly to the employer, manager or person responsible for health and safety. Ask that the report accurately records the date, location, circumstances, injury and people present. Request a copy or reference number where available.

Employers and self-employed persons have separate statutory reporting responsibilities. The HSA states that an employee injury resulting in inability to perform normal duties for more than three consecutive days, excluding the day of the accident, is reportable by the employer. Different rules apply to fatalities, dangerous occurrences and particular occupational exposures. HSA accident-reporting guidance

Accidents on business or public premises

Report a slip, trip or public-place accident to the occupier, manager or appropriate authority. Record:

The name and position of the person receiving the report.
The time and method of reporting.
Any incident-report number.
Whether an accident form was completed.
Any request for photographs, inspection records or CCTV preservation.

Read any written account before signing it. Ask for a copy and promptly correct any factual inaccuracy in writing.

Where a child is injured

A parent or guardian should preserve medical correspondence, incident forms, communications from the school or crèche, photographs and relevant expenses.

Record any spontaneous description given by the child in the child’s own words, with the date and circumstances. Avoid repeated or leading questioning.

See the separate information concerning an injury involving a child.

Notify the proposed wrongdoer promptly

Section 8 of the Civil Liability and Courts Act 2004 provides that, where a plaintiff fails without reasonable cause to serve written notice on the alleged wrongdoer within one month from the date of the cause of action, the court must draw such inferences as appear proper. Where the interests of justice require, the court may also make no order for the plaintiff’s costs or reduce the costs otherwise payable.

This notice is separate from reporting the accident, notifying an insurer or submitting an Injuries Resolution Board application. Case-specific advice should be obtained promptly.

Injuries Resolution Board materials

Personal injury claims must generally first be submitted to the Injuries Resolution Board unless the matter has already been resolved directly with the other party or insurer.

The application material should be retained together in one file, including:

The claim application and attachments.
The treating medical report.
The identity and address of each proposed respondent.
The accident date and location.
Proof of submission and payment.
The Board reference number.
Correspondence with the Board and respondent.
Receipts and proof of loss of earnings.
Additional medical reports or expense schedules submitted later.
Any mediation, assessment or authorisation documents received.

The Board’s current application guidance explains the required application information, medical report and submission routes. Injuries Resolution Board—making a claim

Strict time limits apply. In many adult personal injury claims, the general limitation period is two years from the date on which the cause of action accrued or the date of knowledge, if later. The calculation may be affected by an Injuries Resolution Board application and other exceptions, so case-specific advice should be obtained without delay.

Organising an evidence file

Retain originals safely and use copies for routine reference. A simple evidence index can record:

The item or document.
The date created or obtained.
Its source.
Where the original is stored.
Any request or reference number.
Each person to whom a copy was supplied.

Use consistent filenames, for example:

2026-07-24-location-wide-photo-01.jpg

Do not overwrite the original file. Keep emails with their attachments, retain envelopes where the posting date may matter and save important online confirmations as both the original email and a PDF copy.

Store sensitive medical, financial and identification documents securely. Share them only through an appropriate secure method with people who need them.

Printable personal-injury evidence checklist

Use your browser’s Print command to print this page or save it as a PDF. The checklist is provided below for convenient reference.

Immediate safety and reporting

☐ Obtain emergency assistance where required.
☐ Do not put yourself or another person at risk to gather evidence.
☐ Record the accident’s date, time and precise location.
☐ Report the accident to the appropriate Garda station, employer, occupier or authority.
☐ Keep the report number, PULSE number or other reference.

Scene and circumstances

☐ Take wide, medium and close photographs where safe.
☐ Photograph relevant signs, warnings, hazards, damage and conditions.
☐ Keep the original photograph and video files unchanged.
☐ Write a dated factual account in your own words.
☐ Record later recollections as separate dated additions.

Witnesses and recordings

☐ Record willing witnesses’ names and contact details.
☐ Note where each witness was and what they observed.
☐ Identify nearby CCTV cameras and their controllers.
☐ Send a prompt, specific written CCTV request.
☐ Save dashcam or mobile footage before it is overwritten.
☐ Preserve the original device, card or file where practical.
☐ Do not publish recordings on social media.

Medical material

☐ Seek appropriate medical attention.
☐ Give an accurate accident and medical history.
☐ Keep appointment, referral, prescription and treatment records.
☐ Retain medical certificates and absence records.
☐ Record symptoms and functional effects accurately and by date.
☐ Keep the treating medical report and related invoices.

Financial records

☐ Keep medical and treatment receipts.
☐ Keep travel and equipment receipts.
☐ Retain payslips and employer loss-of-earnings confirmation.
☐ Keep relevant self-employed income records.
☐ Maintain a dated expense schedule and proof of payment.

Injuries Resolution Board file

☐ Keep a complete copy of the application.
☐ Confirm the respondent information used.
☐ Retain proof of submission and payment.
☐ Record the Board reference number.
☐ Keep all Board, respondent and insurer correspondence.
☐ Obtain case-specific advice about applicable time limits without delay.

Frequently asked questions

What if no photographs were taken at the scene?

The absence of photographs does not determine the result. Witness information, reports, CCTV, medical evidence and other contemporaneous records may still be relevant.

How long is CCTV kept?

There is no single retention period for every Irish CCTV system. The period should depend on the controller’s purpose and policy. A specific request should therefore be made promptly.

Can photographs or recordings be edited?

Keep the original unchanged. A separate copy may be cropped or annotated for explanation, provided it is clearly identified as a copy and the original remains available.

Should dashcam footage be posted online?

No public posting is recommended. Publication may affect other people’s data-protection rights and may distribute incomplete or sensitive material unnecessarily.

Do medical records prove that an accident caused an injury?

Medical records may document the history provided, examination, diagnosis, treatment and prognosis. Causation remains a case-specific medical and legal question.

Does keeping a receipt mean the expense will be recovered?

No. A receipt records that an expense was incurred. Its relevance, reasonableness and recoverability depend on the circumstances.

Official information

Dalippe Lalloo

Solicitor, Lalloo Solicitors
Published: 25 July 2026

Speak with Lalloo Solicitors

The evidence relevant to a personal injury matter depends on its particular circumstances. For case-specific advice, call 01 664 1800, email info@injured.ie or use the contact form.

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