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When you file a personal injury claim after being injured in an accident, there are important steps you need to take to help ensure you are fully compensated for damages. One of those steps is documenting your injuries and recovery. This documentation is critical because you need specific evidence that helps prove the seriousness of your injuries and the negative impact the accident has had on your life. Without documentation, it may be more difficult to reach a settlement that covers all of your losses or for you to prove your case in court.
The Kansas City injury lawyers at Peterson & Associates, P.C. have years of experience helping clients document their injuries and personal roads to recovery. Here, we discuss how to record your injuries to help build a strong case for fair compensation.
Injury Documentation That Provides Critical Proof for Your Accident Claim
When you document the injuries you sustained in an accident and how those injuries have affected your life, you help provide a number of important things, including the following:
- You show a link between the accident and your injuries—this is called establishing causation to connect your injuries directly to the accident
- You provide crucial details about your medical treatment
- You show the cost of your medical treatment
- You show how the accident and the injuries have interfered with your daily routine, your enjoyment of life, and the limitations you now suffer because of them
It’s not enough to simply tell your lawyer about what happened, explain your symptoms, and talk through how your life has been upended. Recording this information is critical for helping ensure a fair settlement or a successful trial. There are many ways you can provide this information, including the following:
Record Your Injuries and Recovery in a Journal
Even if you discuss with your lawyer the specifics of the accident, about your stay in the hospital, and the months of recovery you endured, you may not capture important details, facts, and crucial points of your pain and symptoms. Ultimately, in time, your memory of the accident will likely fade, and you may forget components that could factor significantly in your obtaining a fair financial settlement.
When your lawyer suggests that you keep a daily journal of your experiences following the accident, they know it will provide much-needed proof of how the accident has impacted and/or changed your life. Your journal should include the following types of information:
- Your pain levels from day to day
- How the injuries affect your ability to work
- How the injuries impact your personal life, such as your inability to drive, go up a flight of stairs, meet friends and family to socialize, or play your favorite sport
- How you felt emotionally and psychologically, including depression, anxiety, any sleep problems you have, and the strain of the accident on your relationships
The more details you include in your journal, the better the evidence for strengthening your claim or case. Here’s a short example of what a journal entry might look like:
DATE
Morning (6:30 AM - 12:00 PM)
Broken arm, whiplash, and concussion: Pain level at 7 – 8 this morning. Was unable to perform the following by myself:
- Lift the milk jug from the refrigerator
- Take a shower
- Take my morning bike ride
- Weed the garden
Took prescribed pain medication at 8:00 AM. Pain decreased to 4 - 5 by 9:30 AM.
Husband had to drive me to physical therapy at 11:00 AM. with Dr. Jones.
- Was not able to do the prescribed exercises
- Discussed ongoing headaches
- Discussed pain in my fingers and why they feel numb
- Scheduled next appointment (date)
Afternoon (12:00 PM - 6:00 PM)
- Pain back to a 7 after physical therapy.
- Blurred vision from headache caused me to leave work early. Worried because I had an important presentation due that I missed.
- Was in so much pain, could not drive my son to band practice. I had to ask my neighbor to drive him.
- Feeling guilty and frustrated that I’m not getting work done or pulling my fair share of our family duties.
Evening (6:00 PM - Bedtime)
Pain level at a solid 7. Could barely move my neck tonight. The whiplash makes it difficult to lay in bed or sit in a chair and watch TV. Had to alternate ice pack and heat for a half hour to get some relief. Tried to rest and get in a nap. The pain was too great.
Could not prepare dinner for my family or get the dishes done. Laundry needs attention. My husband is managing all of our household tasks. Not fair that he has to take on all the responsibility we once shared.
Take Photos of Your Injuries
When you provide pictures of your injuries, you provide powerful evidence for your claim. Your lawyer will likely tell you to take pictures on a regular basis to show your healing process. You should include close-ups and photos from any angle that show the severity of the injury. If you can’t take the picture, have a friend or family member take them. Include the following:
- Be sure to photograph bandages, braces, casts, wheelchairs, canes, and any medical equipment you need to move around or deal with your injuries.
- Make sure there’s a timestamp on the photos, so there is a record of the day-to-day progress. If you can’t provide a timestamp, keep a log in your journal of the date for each picture.
What you want is to show how any bruising, swelling, or bleeding is changing as you move forward. It’s possible that the injury isn’t healing properly, and this needs to be documented, too. When you have a lapse in recovery, this can affect not only your physical health but your psychological improvement.
Record All Your Medical Care in Your Journal
Your medical records are a critical piece of your accident recovery documentation. It’s important to keep track of all your doctor appointments, ER visits, physical therapy sessions, and mental health treatment. Here are other crucial details for this part of your journal that can be used to help calculate the amount of compensation you’re entitled to:
- Save all of your medical bills, including the cost of medications, medical equipment, and transportation to appointments. Include out-of-pocket expenses if you must buy special bandages, expensive over-the-counter creams, or other relief aids.
- Take notes during doctor appointments about your symptoms, what the doctor says, and recommended treatments. This will help you provide critical details about your injuries and shows you're actively participating in your recovery.
- Document any referrals to specialists and/or rehabilitation and the reasons for additional care. This will help prove the seriousness of your injuries and the need for comprehensive treatment.
- Make note of your treatment plan, imaging results, home exercises, and any other medical recommendations.
Record How Your Injuries Impact Your Work Life
It’s very possible that your accident will force you to miss work. It’s important to record the ways your injuries have affected your ability to perform on the job, including the following:
- Missing work or working reduced hours directly impacts your claim for lost wages, so keep a detailed record of absences, including dates and reasons related to your injuries.
- Save all emails and communication with your employer about your injuries, work restrictions, and accommodations. This documentation supports claims for both past and future lost earnings.
- If you must change jobs or careers due to your injuries, document the transition process and any changes in earning potential. Include information about job searches and interviews.