This is one of the most important things you can do to help you case whether you think you have a minor injury like whiplash (which is not minor in my opinion) or you have multiple broken bones. I tell every one of my clients to start journaling after they are injured. It seems simple, but it can mean the difference between thousands and tens of thousands of dollars to your case.
Why is journaling about my injuries important?
It may not seem like it while you are going through excruciating pain, but in most cases the pain will begin to subside. Not only will the pain subside, but your memory of the pain will too. It's human nature. Weeks and months later, as your lawsuit progresses, you will still be able to tell me that you were in extreme pain, but you will not be able to give me all the details from memory alone. I'll give you examples of what this might look like in a deposition when a defense attorney asks you about your pain.
No Journal Example:
Defense Attorney: "Can you describe your pain levels in the weeks after the accident?"
Plaintiff: "I was in extreme pain for at least three weeks after the accident."
Journal Example:
Defense Attorney: "Can you describe your pain levels in the weeks after the accident?"
Plaintiff: "Yes I can. Seven days after the accident my pain level was 10/10. On that day I tried walking, but the pain was so severe that I could not even stand. Ten days after the accident, my pain levels were still 10/10 and that was the day I had an appointment with the rehab facility. The pain was too great to complete any rehab exercises. Not only was I in great pain, I also felt depressed and worried about my lack of progress. etc., etc., etc."
As you can see, journaling will allow you to recall much more about your pain and state of mind because you were documenting it as it was happening.
If you have visible injuries, documenting your injuries with pictures and videos is just as important as journaling.
How should I document my injuries and pain?
In terms of visible injuries, a picture is worth a thousand words.
PICTURES, PICTURES, PICTURES
You can never have too many pictures of your injuries. I recommend taking at least one picture of each wound or disfigurement every day. If you can add notes to the picture even better. Videos can show how much pain you are in. If you are struggling during rehab or moving around in general, have a friend or family member take videos of you. These pictures and videos are key pieces of evidence both during trial and during our negotiations with the insurance adjuster.
In terms of pain and mental anguish, here is what I recommend:
You can use pen and paper or any smartphone notes program or calendar. There are also a number of pain tracker apps available if you are technologically inclined. You want this to be short and simple so you're more willing to do it every day. So use just three categories in every entry, "pain," "mood," "notes." Here is an example of a couple of entries with pain in multiple locations:
Day 1:
Pain - Back 10/10; Shoulder 5/10; Leg 8/10
Mood - Sad
Notes - I couldn't sleep at all last night, I was in too much pain
Day 3:
Pain - Back 9/10; Shoulder 7/10; Leg 6/10
Mood - Worried
Notes - I can't stop thinking that the pain will never stop
Day 5:
Pain - Back 7/10; Shoulder 7/10; Leg 4/10
Mood - Angry
Notes - I can't believe this happened, I'm worried I'll never work again and won't be able to support my family.
This is just an example of something that would be very helpful to your attorney and very helpful for your case. You can change your journal to suit your habits. You may want to get much more detailed, or you may just want to record the level of pain you were in. It will be helpful either way.
If You've Been Injured, Contact Us Today
At the Law Office of Daniel M. Gonzales, PLLC, we take pride in helping our clients at every step along the way to recovery. Contact a Texas Personal Injury Lawyer at the Law Office of Daniel M. Gonzales, PLLC for a free consultation today.