What evidence is needed in a group action claim?

Evidence is crucial to any legal claim to prove liability and assess potential damages. Different kinds of evidence can be used for different things including proving a pattern between several claims, making a case stronger and forming a group action. This guide explores:  

• The most common types of evidence 
• Essential evidence needed for cases 
• Additional evidence that could be useful  
• What to do if evidence is limited 
• Overcoming evidence blockers  
• Common misconceptions about legal evidence  

Common types of evidence used in group action claims 

Group actions often rely on being able to prove that several people experienced the same, or similar, negative impact because of someone else is negligence, breach of duty, or a faulty product. Each person’s claim may differ in the specific details, but the evidence used in these claims typically consists of: 

• Medical records  
• Investigation Reports 
• Witness statements 
• Photographs or videos  
• Faulty product (if the claim pertains to one) 

The evidence can be reviewed collectively to establish patterns between cases and establish a group action as opposed to a singular claim.   

Essential vs additional evidence 

While all evidence is useful, every claim relies on being able to prove liability, as well as some form of harm, such as an injury, and subsequent loss, referred to as damages. These key points, and the evidence that proves them are essential to a claim. Essential evidence could include: 

• Expert reports establishing a failure 
• GMC or other medical body findings
• Proof of purchase and the product serial or batch numbers  
• Documents from within a company that prove there was knowledge of key problems, negligence or faulty products.  
• Contracts or policies that have been breached  

Other evidence that, while not essential, is helpful is evidence that strengthens the group action. These could include: 

• Personal witness statements describing the impact  
• Picture or video evidence providing context  
• Evidence of financial losses  
• Media reports 

The key distinction between evidence and additional evidence is that one is essential to making a claim and the other helps to support and illustrate what happened.  

What if evidence is limited?  

Worrying about a lack of evidence when bringing a claim is a valid concern, especially when the opposing side is a large company or an NHS trust. However, seeking legal advice means our team can support you in gathering the evidence you need if necessary. We can: 

• Request your medical record (with your consent)  
• Request a company’s internal policies and investigation reports  
• Instruct independent experts to assess liability and causation 
• Identify patterns between your claim and others who may have also suffered 

In many group actions, key evidence is typically held by the organisation or manufacturer responsible, rather than by those bringing the claim. Documents can often be obtained by making the right requests, or asking the right questions of the defendant – something that we can help you to do

Overcoming blockers 

Encountering blockers when gathering evidence is incredibly common, especially when some of the most important evidence is out of your control and you don’t have access to it. Below we share some of the most common blockers to joining a claim and how to overcome them.  

Incomplete or missing records  

It is understandable if you have not kept all the receipts or paperwork needed for a group action claim, especially as making a claim is often not people’s first thought. Important records that can be helpful in a group action can be found in other places after the fact. Medical records and transaction histories with companies and NHS trusts can be retrieved by our team with your consent. We can utilise our experience to locate missing documents and records.

Feeling alone and a fear of overreacting?  

Feeling like you might be the only one impacted and that you might be over reacting is a normal rationalisation, especially if you haven’t heard anyone else talking about an issue. However, it is important to know that they may be many others like you, just waiting for someone else to raise the same problem. If you have concerns about your care or about a medical product failing when it shouldn’t have, the best course of action is to seek advice. Our legal experts can offer advice and provide a medical professionals’ independent advice so you can be sure.  

Concerns over spending money on a legal case that you could lose 

Here at Fletchers, we believe money should never be a reason to not seek justice. Our group claims operate on a no win, no fee basis. This means we will assess your claim and let you know early on if we believe you are eligible or not. Moving forward with your case, if the claim is unsuccessful, you will not pay anything. Should your claim be successful, your legal costs will be recuperated from the compensation amount, up to an agreed percentage cap.  

Joining a group action can be incredibly daunting especially if you run into roadblocks with evidence, but having the right legal team makes all the difference. Our team is here to help you from day one and can help you overcome blockers such as these and other challenges you might face. 

Matthew Mitchell-Jennings, a solicitor in our Clinical Negligence team, shares “Our team has extensive experience of dealing with group actions and is ready to assist you with your potential group action claim. We can usually tell relatively quickly whether your case is worth investigating further, and our systems allow us to spot patterns and potential new groups at an early stage.  If you have a potential claim and believe there are obstacles to bringing it, we’re happy to provide confidential initial advice and to support you in identifying what the next steps are likely to be.” 

Myths about making claims 

“I can’t claim without receipts” 

While a lack of evidence can be challenging, there may be more evidence than you think. Many records can be obtained later, and some claims rely more heavily on expert evidence and organisational records than on paperwork held by the claimant. 

“There are hidden costs in legal claims” 

While there are costs in legal claims, they should always be communicated clearly before you agree to proceed. Fletchers work on a no win no fee basis meaning there are no upfront costs to you. All potential fees that will apply after your case is won will be clearly communicated to you through our conditional fee agreements. More information about no win no fee agreements can be found here. 

“The process is long and complicated” 

The process of a legal claim can be long but should not be complicated. After you reach out to us, our team will contact you to review what has happened and explain how the claim will proceed. After that, our team gets to work, keeping you updated along the way. If more evidence is required on your part, this will be explained clearly with compassionate guidance.  

Here when you need us 

If you’re unsure whether you have enough evidence to make a claim, or you’re concerned about something that’s happened but don’t know where to start, you don’t have to figure it out alone. Our specialist solicitors have extensive experience supporting people involved in group actions, including claims relating to NHS negligence and faulty medical or consumer products. We’ll take the time to listen, assess your situation, and explain your options clearly. With no obligation to proceed and no upfront costs, you can contact us in confidence to find out where you stand.