Why Documenting Injuries Matters
In a personal injury case, it must be proven that the negligence of the defendant is the cause of your injuries. Medical documentation is vital in proving your injuries and determining that the defendant’s negligence is the cause of those injuries. This documentation adds needed credibility to your personal injury case, just as lack of documentation causes your case to appear less credible.
Creating a Clear Timeline of Events and Treatment History
Providing good medical documentation can help you to give you credibility, prove liability and help to provide a timeline, which is essential in negotiations. Medical records and bills are vital in proving legitimacy of your injuries and resulting treatments.
Along with witness statements, accident photos and police reports, your medical records will provide a timeline to the accident itself and everything that happened as a result of the accident. Providing a well established treatment history provides documentation as to the extent of your injuries and provides the extent of the financial impact your injuries have incurred.
What to Document
Necessary personal injury documentation includes police accident reports, medical records, accident photos, witness statements. It is also smart to keep receipts or bank records to prove any additional expenses, such as travel, medical records, attorney and court fees, that have been incurred due to the accident.
Another excellent record to keep is a pain journal. This helps to document the injury and provides support for pain and suffering damages that might be sought.
Medical Records
Medical records are the backbone of your personal injury case. They provide proof of injuries as well as an estimated medical cost of the injuries you have sustained. Medical records can also be used as documentation for medical expert witnesses. If the defendant is found to be at fault, they will be held responsible for your medical costs, so keeping up with every bill is vital for your case.
Oftentimes, the success of a personal injury case is contingent on thoroughly documented medical records. Many medical facilities charge a fee for providing you with your medical records. This is another cost that will be included in your case and you should provide proof of these costs as well.
Pain Journals
Keeping a pain journal for personal injury will greatly benefit your case. While medical records keep track of injuries and can keep up with the monetary cost of your injuries, a pain journal helps to prove the more difficult to measure area of pain and suffering.
There is no test to prove pain and suffering, but a well kept and documented pain journal can be as close as you can get. Be sure to include: time, where/how it hurts, what you were doing when the pain began, anything that seemed to trigger the pain, what you do to treat the pain and anything else you think might be important.
Photographs
The phrase, “a picture is worth a thousand words” is never more true than in a courtroom. A picture can not lie and photographic evidence is hard to deny. Photographs do not have an opinion or bias and they never forget. Any photos, and even surveillance footage, that were taken at the accident scene can be used to lay a foundation and effectively prove liability.
Photographs shown after your own description of the scene can be used to show your trustworthiness and allow the jury to form a better picture in their mind of the scene.Photos showing damages to vehicles and property can conclusively answer any questions raised in this concern.
Lastly, photographs of injuries can show jurors what nothing else can - what the injury was like when it happened. Injuries heal but photos can be taken throughout the healing process to allow the jury to see the injury at all stages.
Witness Statements
Much like photos, witness statements are exceptionally helpful in an accident case. A statement from an unbiased observer is generally very believable and can be extremely beneficial to your case. Most likely, an observer saw the accident from a very different point of view than anyone involved in the accident. They will be able to share crucial insights from a unique perspective and often, when facts in the case are in dispute, a credible witness statement can help to tip the scale.
It is important to identify witnesses as early as possible and record their statement while it is still fresh in their minds. An attorney can help greatly in this area. They are adept at locating witnesses, recording clear statements of their account and most importantly, ensuring the credibility of the witness. A less than credible witness can make your case seem fraudulent and sway the jury against you.
Incident Report
If your personal injury occurred in a work setting or on someone else's property, an incident report is essential to establishing documentation. It is essentially a witness statement from the injured party. The incident report should be completed at the scene or as soon as possible after you seek medical treatment to ensure a fresh recall of the facts. It should include every available detail in the order in which it happened.
Any witnesses to the accident should be named in the incident report for follow up as well as the person who you reported the accident to. Photos of the area, accident and injuries can strengthen your case.
Expenses
Expenses in your case are essentially any money that you have to spend that you would not have spent if your accident had not happened. These include medical expenses like out of pocket fees for medications and assistive devices and all medical bills including ambulance, hospital and rehabilitation services.
Other expenses that you may incur include out of pocket expenses for travel, damaged property and legal expenses. Medical record fees and administrative fees are other examples of miscellaneous fees that you could incur.
Tips for Effective Documentation
The key to effective documentation is thoroughness, transparency and consistency. Documentation is the foundation of a personal injury case and can give your personal injury case the best chance of success.
Collecting and maintaining the documents listed above and any others deemed relevant will provide your legal team with the evidence they need for a successful case.
Common Misconceptions About Injury Documentation
The most common misconception about documentation is that documentation is not necessary if the police report states that you were not at fault. That is simply not true. Documentation helps to determine much more than fault in your case and can cost you a lot of money if it is not provided.
Another misconception is that gathering documentation is someone else’s job. While your legal team will assemble the evidence for trial, there are documents that only you can provide, such as a pain journal, out of pocket expenses and bills that you receive. Gathering documentation should be a team effort and you are part of the team.
The Importance of Legal Representation
Your personal injury team has knowledge and experience in legal procedures, negotiation with insurance companies and evidence laws that make them an essential part of your personal injury case. Choosing the best attorney for you and your goals is crucial. An experienced attorney can be the difference in success or failure for your case.
Do you have questions about documenting your injuries? Give Flesh & Beck a call today at 303-806-8886 or contact us online to speak to one of our experienced personal injury attorneys about your case.
