If you want to “win” your personal injury case and get a fair, equitable settlement that covers your bills and compensates you for your pain and suffering, you need to document your injuries and present them in a way that supports your claim. However, doing this is sometimes easier said than done.
Start With Your Medical Records
The first step in documenting your injuries is to gather all your medical records. These records are the backbone of your case, showing the extent of your injuries and the treatments you’ve received. Without these records, your case basically becomes a “he-said, she-said” case that’s based on subjective conjecture. Unfortunately, it’s unlikely that you win a case like this. (Or, at the very least, you aren’t going to maximize your compensation.)
Make sure you obtain every record from the day of the accident and throughout your recovery process. This includes initial emergency room visits, appointments with specialists, physical therapy sessions, and any other medical treatments.
To get these records, you’ll need to request them from each healthcare provider you’ve visited. Most clinics and hospitals have a specific process for requesting records, and there may be a small fee. If they don’t provide adequate records at first, call the billing department and be sure to get very detailed, itemized medical records that show everything that went into your care and treatment.
Be persistent and organized. Keep a list of places you request records from and follow up regularly until you receive them. It can be a frustrating process with lots of proverbial “red tape,” but it’s important to stick with it.
Also Read: The Role of Medical Records in Personal Injury Claims
Take Detailed Photographs of Your Injuries
Visual evidence can be powerful in a personal injury case. Photographs of your injuries help illustrate the severity and impact of your accident. Start taking photos as soon as possible after the injury and continue to take pictures regularly throughout your recovery. This will show the progression of your injuries and provide concrete evidence of your suffering.
When taking photos, make sure to:
- Use good lighting to capture clear images.
- Take pictures from multiple angles to fully document the extent of the injury.
- Include a date stamp on each photo if your camera has that function, or keep a log of when each photo was taken.
Work with Your Lawyer
Make sure to work closely with your personal injury lawyer. Share your documentation with them and discuss how each piece can support your claim. Your lawyer can help you understand which documents are most important and how to use them effectively in negotiations or court.
The vast majority of personal injury lawyers charge on a contingency fee basis, which means you only pay if they recover compensation. That means there’s virtually no risk in working with an attorney. (Just make sure you do your due diligence and hire a good one!)
Keep Detailed Personal Notes
Your personal notes can also be a valuable piece of documentation in your case. While they may not be as objective as medical records, they help to paint a picture of your experience (and are great supplementary evidence).
Start a journal immediately after your injury and make regular entries. Write down details about your pain levels, any difficulties you encounter during daily activities, and how the injury is affecting your mental and emotional well-being. Also, note any conversations with doctors or insurance representatives and the impact of the injury on your work and personal life. These notes can serve as a diary of your experience and may be used to illustrate the ongoing effects of your injury in your case.
Also Read: The Future of Health Care is Here
Organize Everything
Having all this documentation is one thing, but organizing it effectively is another. You’ll want to create a comprehensive file that includes your medical records, photographs, and personal notes all in a single place.
It’s up to you how you want to organize your documents within this comprehensive file, but it’s generally a good idea to organize the documents chronologically and by type. This will not only help you, but will also be invaluable for your lawyer to present a clear and structured case.
The more organized your files are, the less your lawyers need to call you with questions – interrupting your life and increasing your stress level. With a filing system that’s clear and organized, they can find almost everything they need without having to involve you directly.
Adding it All Up
There’s no replacement for good documentation in a personal injury case. Detailed record keeping acts as a support system and treasure trove of evidence – assisting you and your attorneys as you build your case.
Take this seriously and you’ll be more likely to obtain the outcome you’re searching for.