Photography, including records taken in theatre, has an important role to play in the legal settlement of personal injury claims. Photographs taken immediately prior to an operation in the anaesthetic room or during the operation provide valuable evidence for civil litigation. The type of operations at which personal injury photographs should be taken range from emergency surgery and minor operations to exploratory or reparative surgery. The value of pre-operative photography is demonstrated in two examples of orthopaedic surgery for personal injury claims.