In personal injury cases, evidence is crucial. While insurance papers, medical records, or the police report hold some importance, they do not capture the entire picture. Adjusters and courts place significant weight on the documentation to ascertain: how severe the injuries are, how the injuries have been responding over a period of time for recovery, how the injuries are affecting day-to-day activities, including work, and how authentic the claim is.
Well-structured documentation of injuries generates a record that efficiently ties your injuries with the accident, demonstrating clear causation and evidentiary support for your claim. Injuries are best documented using a stepwise fashion as outlined below.
1. Let a Healthcare Practitioner Evaluate
Following an accident, your well-being is of the utmost importance. As such, a healthcare practitioner should be consulted immediately, even for seemingly mild injuries. In some cases, such as with whiplash injuries or internal bodily injuries, symptoms may not be evident for some time.
The medical records from your first visit to your doctor will form the starting point of your documentation. These records will capture the following: treatment records and a follow-up plan, order and resultant testing including X-rays, MRIs, or CTs, medications ordered for the patient, copies of physicians’ documentation and the notes taken, and doctor’s orders.
Tip: While communicating, ensure that every symptom and complaint is conveyed as it is and do not minimize any form of distress. This will impact one’s credibility in the future.
2. Keep a Daily Injury Journal
Begin to document your injuries within an hour of the accident. This is what you should include: daily pain rating (1-10, where 10 is the worst and 1 is no pain), physical discomfort or restrictions, days of school or work that were attended, emotional reactions such as anxiety, low mood, frustration, or irritability, and any activities that you are no longer able to participate in.
This journal can be maintained as a record of how the injury impacted your routine, which is especially helpful in the calculation of non-financial losses such as pain and suffering.
3. Take Photographs of Your Injuries
Injuries should be documented visually. Take dated and clear pictures of: bruises, cuts, and swellings, casts, crutches, and other related items, surgical stitches or covering, and any scars that develop as the injury heals. Images should be taken on multiple occasions immediately post-injury, during recovery, and after treatment to demonstrate change or the impact sustained over time.
4. Preserve All Medical Records and Bills
Preserve all copies of every medical document, including summaries of emergency department visits, all follow-up visits, operative and treatment reports, physical therapy notes, and receipts for prescriptions.
Also, preserve all out-of-pocket expenditures, including: medications bought over-the-counter, trips for medical treatment, and medical and therapeutic devices.
These records assist your Personal Injury Lawyer Olympia, WA determining the total value of your claim and ensuring that nothing is neglected during settlement discussions.
5. Document Property Damage (If Applicable)
For instance, in the event of motor vehicle collisions, documenting the damage to one’s vehicle helps to substantiate the severity of the incident. Photographs of: damage to the vehicles from different angles, the location of the accident, the condition of the road, including skid marks or debris, and relevant police or incident report documents.
This offers additional proof that relates your injuries to the event in question.
6. Gather Witness Statements and Contact Information
If there were any witnesses to your accident, such as bystanders, colleagues, or other motorists, collect from them: their complete name, phone and email address, and if possible, a short written or recorded statement.
These witness statements can corroborate your account and are particularly useful when the defendant claims that the other party was at fault.
7. It is Best to Stay Away From Social Media Until Your Case is Closed
Social media is a minefield for photographs, updates, and comments that can be used against you by defense attorneys and insurance companies. Do not share anything that could be viewed as a recovery from your injuries, such as: photographs regarding vacations or physical exercise, expressions such as “feeling better now,” or humor or memes based on your injury.
Even the blandest and the most innocent of posts can be used against you.
8. Seek Advice of Personal Injury Lawyers as Soon as Possible
Although you can start gathering evidence by yourself, it is always better to consult an experienced attorney to ensure you are on the right track. A lawyer can: advise on the most appropriate evidence to support your claim, direct your case to appropriate medical providers, manage the insurance adjuster’s calls, and ensure you comply with timelines necessary for legal action.
For residents of Washington, you can find a Personal Injury Lawyer in Seattle & Olympia who would secure your interests and help you get the most compensation possible as you concentrate on your recovery.
Final Thoughts
Your personal injury claim rests on two factors: the severity of your injuries and the quality of documentation collected starting from the time of the accident. If your evidence is comprehensive and orderly, you will most likely obtain a fair settlement or a favorable court verdict.
Whether claiming reimbursement for medical treatment or lost earnings and psychological distress, proper documentation will always work to a claimant’s advantage. Document your journey in a detailed manner, and obtain legal advice to guarantee that your rights will be respected at every stage.
