After being injured in a car accident or suffering other injuries caused by someone else's negligence, we assume our health care providers and lawyers will document our information accurately.
But, we don't think about our own responsibility to document our injuries, though doing it could prove to be the tipping point to a victory over the insurance company, resulting in more compensation for injuries and damages.
The probable advantages of writing in a diary every day overcome the expended time, energy, and discipline it takes to keep it up because you can track, recall, and report critical bits of information.
With the help of a daily diary, you can track everyday treatment, symptoms, evolution, sudden outbreaks, and relapses. You can prove the visits you made to the doctor, therapist, personal injury lawyer, and track the mileage for possible reimbursement. An injury journal is a good defense against false, missing, or lost information. You can rely on it to recall and present the details of your injury and case despite the passage of time.
In your injury diary, you should make honest, accurate, and short daily records. Be specific about the physical limitations caused by the accident which hinder your work, your life at home, or your usual routines. Also record all conversations with your doctor, attorney, or with anyone involved in your accident. Make your diary entries a habit by writing at the same time each day and date and sign them. To preserve the details of your life post-injury, use descriptive words to document how you feel each day, what type of pain you feel, how intense it is, where you feel it, and how often. To improve your diary entries, you can ask your personal injury attorney to look over your journal and offer expert advice.
Diligent and correct entries can provide valuable information to insurance companies and juries about the severity of your injuries, hardships, physical and mental health, financial stability, progress in recovery, and the work you are putting into the process. A solid, strong case could result in more money in your pocket for losses and damages.
Injured in a Car Accident? Keep a Pain Journal and Contact a Personal Injury Attorney
Keeping a pain journal, documenting your suffering and treatment is a great tool because it provides information about what you have experienced. However, understand that during a lawsuit you may have to reveal its existence and provide a copy to the defense.
In most cases, courts deem injury journals relevant documents to the personal injury action, and they must be disclosed to the opposing counsel. If the information recorded is inconsistent or contradicts your verbal testimony, your credibility can be diminished.
The defense may take out of context entries unrelated to the accident and use them against you. Also, the defense will look for information that shows your injuries are not serious or information that has nothing to do with your injuries but can be used against you at trial. However, your attorney will be by your side and will make sure to object to the questions that are not relevant to the claims and injuries.