Why Documentation Matters After an Injury
After sustaining an injury in an accident, whether the accident be a car accident, slip and fall accident, or any other type of accident, the priority should always be your health and doing everything necessary to get better. Unfortunately, many injured individuals never have the opportunity to focus on healing because they are worried about making end meets. They power through any pain they may be dealing with because they need to work and continue to earn income. This is the reason behind some injured individuals not pursuing claims after accidents.
After an accident, especially one caused by the negligence of a party or entity, documentation is extremely important. Thorough documentation can make or break a personal injury claim.
Regardless of the accident that you or a loved one suffered, and whether or not you are thinking about filing an injury claim, it is important that you understand that the importance of documentation. Documenting your injuries and keeping accurate records can help establish the extent of your injuries and the losses that you have experienced.
Why Documentation is So Important in Personal Injury Cases
Insurance companies and opposing parties/entities heavily rely on evidence when evaluating claims. In general, the more documentation you have, the easier it may be to demonstrate how the accident occurred and how it has affected different aspects of your life.
Documentation can help support claims for the following damages:
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Medical expenses (including future medical expenses)
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Lost income
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Pain and suffering
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Property damage
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And more
Review of the Recommended Documentation to Keep
At our firm, we often get contacted by individuals who want to file a claim but simply do not have the supporting evidence necessary to win a claim. We recommend gathering as much information as possible, including the following:
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Photos and videos: it is important that you take photos/videos of all visible injuries. You should also take photos of the entire scene of the incident, including any property damage, any hazardous conditions, etc.
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Medical records: keep all records of all medical care received, including anything that shows your diagnosis, the treatment you followed, any medications you took, and how your recovery went.
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Accident reports: depending on the type of incident, you may file an accident report with the property owner or a police report with local authorities. This report will include important details about how the incident occurs, conditions at the scene, etc.
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Witness information: if there were any witnesses to the incident, gather their names and contact information for later reference. If possible, gather witness statements that can confirm how the incident occurred.
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Financial records: this can include any expense or any financial losses as a result of the incident. Examples of financial records may include medical bills, receipts for any prescription medication, travel expenses to get treatment (to and from appointments, for example), losses due to property damage or replacing damaged property, records of lost wages (including wage history), and more.
Other Recommendations
Personally, I like to recommend that our clients keep a very detailed journal. Injured individuals interested in pursuing a claim should keep notes on the following:
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The total number of days they missed work
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Their daily pain levels
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Their physical limitations, including any new limitations (this can be anything from being unable to tie their own shoes to being unable to lift something)
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Their medical appointments, including what was discussed with the medical team
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Their emotional challenges throughout the process (how they feel after treatment, how they feel about new limitations, how being unable to work affected their state of mind, etc.)
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Their recovery progress
A journal can provide insight into how the incident/injury affected your everyday life.
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Delaying medical treatment, creating gaps in documentation, and making it more difficult to connect the injury to the incident
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Not saving every invoice, confirmation, or receipt related to the injury
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Not backing up photos and other digital records, risking losing records after technical difficulties
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Not being accurate when describing symptoms
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Posting too many details about your accident/injuries online, as anything can be misconstrued and used against you during the claim process
When your injuries are properly documented from the start, your attorney can build a stronger case. This documentation will demonstrate the full extent of the damages suffered and will be very important when dealing with insurance companies, negotiating, and preparing for trial, if necessary. In general, the more complete your documentation, the better your personal injury attorney can advocate for you.
Here at the Downtown L.A. Law Group, we have seen the importance of proper documentation firsthand case after case. While every case is unique, having details records from the start can help us protect your legal rights after an accident. Here at our firm, our team has decades of experience and is committed to helping you recover the payout that you are owed. Do not hesitate to contact our firm as soon as possible. We offer free case evaluations, including both free consultations and free second opinions. We offer a Zero-Fee Guarantee, meaning that you will not be responsible for paying any upfront legal costs for any of our legal services. In addition, our firm works on a contingency basis, so you will not be responsible for paying anything at all if your lawsuit is not successful. If you do not win, you will not pay a thing.
Contact our firm today for more information about the legal options available to you.
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