The Importance of Record-Keeping in a Personal Injury Claim

In a personal injury lawsuit, your attorney uses evidence to prove your case. Evidence can also be used to show how much you have suffered in damages. Evidence in a personal injury claim can come from many sources. This includes your medical chart, photographs, video, and other records.

It is essential to keep track of all your records to build your personal injury case. Your attorney will need these records to help you recover the maximum damages possible. If you have questions about what kinds of records you need to keep, talk to a personal injury lawyer.

What Documentation Do You Need for a Personal Injury Case?

For a personal injury case, you should keep all records and documentation related to the accident and treating your injuries. Even if you think it’s unimportant, you should keep it just in case. Depending on your accident claim, the types of records you should keep include:

• Police reports
• Letters from the insurance company
• Emails and correspondence
• Phone records
• Medical records
• Medical bills
• X-rays and MRIs
• Photographs and videos
• Medical treatment plans
• Test results
• Payroll records
• Phone numbers and contact information for witnesses
• Out-of-pocket expenses

Immediately Write Down What Happened

This can be a crucial step but something most people never do. As soon as possible after your accident, write down what happened. Include as much detail as you can. For example, after a car accident, include information on the weather, road conditions, intersections, direction of travel, etc.

You may think you’ll remember such a severe event. However, memory can fade quickly. A record of what happened written the day of the accident can be more detailed than your memory of the event a month later.

Why Is Documentation Important in an Accident Claim?

Documentation is important because it can help prove your case and to prove your damages. Most personal injury claims are based on negligence. To win your case, you need to show that the defendant owed a duty of care and breached their duty, causing your injuries. Evidence to prove your case includes showing that the defendant breached their duty of care and caused your injuries.

In a medical malpractice lawsuit, your medical history can show what medical care your doctor provided. Your records may indicate that the doctor failed to order the proper lab tests, which caused your injuries. You can use the medical documentation to show the doctor was negligent, which caused your injuries.

Using Records to Prove Damages in a Personal Injury Claim

Documentation is also necessary in proving damages. After you prove your case, you must show that you suffered harm to get compensation. Damages include economic and non-economic damages.

Economic damages include medical expenses, lost income, and property damage. Medical bills can show how much you spent to treat the injuries. Payroll records show how much money you lost because you could not work. Car repair bills provide evidence of the property damage costs.

Records can also help support non-economic damage claims. You can recover compensation for the non-economic losses related to pain and suffering. Records that can support a pain and suffering claim include:

• Day-in-the-life videos
• Diary entries
• Witness statements

These records can show the jury how much you suffered in pain caused by the injury accident. The jury can use these records to determine how much to award in damages.

How Do I Organize My Personal Injury Documentation?

Organizing your records can be just as crucial as recordkeeping. You need to know where the records are to access them. Start with a dedicated place to keep your records. This could be a drawer in a filing cabinet or a cardboard filing box. Keep separate filing tabs for different kinds of records, including:

• Medical records: healthcare records, prescriptions, lab results, etc.
• Medical bills: medical expenses, including home modification costs, out-of-pocket expenses, and prescription costs
• Employment records: pay stubs, letters from your employer, and workplace accommodation records
• Insurance company records: insurance policy, letters from the insurance company, etc.
• Contact information: information for witnesses, insurance representatives, healthcare providers, etc.
• Property damage records: car repairs, temporary rental car, other bills for property damage, etc.

Many records come in electronic form. If you prefer to keep your records on your computer, create a file just for your personal injury claim. Use subfolders to manage the electronic information to keep things organized. You can also share these files with your attorney to make it easier for them to access your information.

Should I Share My Personal Injury Documentation With My Attorney?

You should share your personal injury documentation with your attorney. You should share all information you have about your case with your lawyer. Your attorney must know everything about your claim to recover the maximum compensation.

Your attorney doesn’t work for the insurance companies. Your attorney works for you. Your lawyer will advocate for your best interests. When you are thinking about when you should hire a personal injury attorney, make sure you have an attorney you trust. If you have any questions about documenting your personal injury case, talk to an experienced personal injury attorney for legal advice.