13 Feb Requesting data for a personal injury claim
In personal injury cases, from road traffic accidents to slips and trips, it is necessary to gather evidence of your claim. CCTV footage, in particular, can make or break a case. At Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors, our team can help you in gathering evidence and requesting data for a personal injury claim.
Collecting evidence
After being involved in an accident which was caused by the negligence of a third party, it is important to document the details. If possible, you should:
- Get the details of the other party involved
- Get the details of witnesses or emergency service staff
- Note the date and time
- Note any cameras in the vicinity
However, after an accident, seeking medical help should be your first priority. If you aggravate an injury while documenting the scene, this may hurt your case.
Video footage provides strong evidence in a personal injury claim and can be sought out in the days after an accident. Some types of recordings to consider tracking down for your case include:
- Traffic cameras
- CCTV in public areas
- Body cameras
- Camera phones
- Dash cameras
Requesting data for a personal injury claim: CCTV footage
After an accident, request a copy of any available CCTV footage as soon as possible – even if you don’t plan to make a claim in the near future.
Urgency is required because some CCTV software automatically wipes footage after a month. Footage holders may also do this themselves, as under GDPR legislation they can’t retain footage indefinitely.
In line with the Data Protection Act, anyone who is identifiable on CCTV footage has a right to a copy of it. You can request this from the data controller – the person or body who collects the footage. An application for the footage must be made in writing to the data controller and provide these details:
- Date of footage
- Time of footage – a precise time or an estimate of the hours
- Location of the footage
The data controller can charge up to €6.35 for providing this data and must respond to your request within 40 days. Otherwise, a complaint can be made to the Data Protection Commissioner.
The requested footage can be provided as a video or stills. In instances where footage is intentionally deleted, this can often help a personal injury case.
Get help building your personal injury case
Requesting data for a personal injury claim can be stressful, especially if you are still recovering from injuries. Our team of personal injury solicitors can gather evidence and request data on your behalf. Contact Ferrys Solicitors LLP Personal Injury and Accident Solicitors Solicitors today for help with your case.
