Beyond the Lawsuit: Why Early Documentation Can Make or Break a Personal Injury Claim
Authored by: Elliott H. Jung
An injury sustained in a serious accident could alter the course of a life forever. Regardless of whether it results from a car accident, a truck accident, a motorcycle accident, or some form of negligence, the first thing most people think about following an accident is medical care. While that is important, there is one more step which, if ignored, could affect any possible litigation in the future: documentation.
From all my experience in handling various personal injury cases, I can say that the outcome of such a case depends not only on the extent of injury but also on the way the evidence was collected right at the beginning.
Why Documentation Matters
Personal injury cases require proof. Proof is based on the facts of the case rather than on speculation. Our memories can get hazy, witnesses become hard to find, and tangible evidence may be destroyed in a matter of days. By preserving evidence as soon as an incident occurs, one’s case becomes much more compelling.
It does not mean that anyone who is injured must become a legal expert in an instant. However, by following a few basic guidelines, one may protect essential evidence while concentrating on recovery.
Start with Medical Care
There are two key benefits associated with seeking medical help on time. Firstly, this will preserve your health by helping determine what types of injuries you have sustained. Secondly, the documentation in the medical report will give you a timeframe of when the symptoms developed and how they were linked to the event.
In many cases, there might be some types of injuries, especially those related to the symptoms of a brain injury, that will only become evident hours or days later after the accident took place.
Preserve the Scene Whenever Possible
In certain situations, photographs and video footage taken right after the accident can be very useful for legal purposes. Photographs of vehicle damages, road conditions, weather, injury marks, road signs, and dangerous property conditions can serve as important information that could change rapidly.
Taking pictures of bruises during a number of days can be also very helpful to show how injuries were developing.
Keep Records Beyond Medical Bills
What I often notice is the tendency to think that medical costs comprise the whole picture. Actually, many injuries can affect all spheres of human life.
Take notes of:
- Lost workdays and income
- Visits to a doctor
- Costs of prescription drugs
- Money spent on transportation
- Physical inability to do some actions due to injuries
- Pain level
- Things you cannot do now
Just a small notebook can become one of the most convincing evidences since it will help prove the effect of injuries when everything is still fresh in your mind.
Be Careful with Insurance Communications
The insurance adjusters have a significant impact on claim resolution; however, one should always keep in mind that the assessment will be made taking into account the gathered evidence.
Sharing accurate information is essential, although the person who suffered an injury must never speculate about his/her injuries, downplay symptoms, or make statements without realizing the severity of his/her condition. It might take a long time to recover from injuries.
Technology Has Changed the Evidence Landscape
The smartphones used today make it much simpler to document things. Pictures, videos, GPS information, texts, and any other form of documentation is useful for establishing the timeline and providing crucial information.
However, social media has also presented a different type of challenge. It happens that posts may appear irrelevant but can easily be misinterpreted when there is a dispute going on. In cases where one is filing a personal injury claim, one should be very careful not to post information.
Lessons from the Courtroom
A lesson that I’ve learnt from experience in handling litigation cases over many years is that good cases are not made from one amazing piece of evidence. Rather, good cases are made from consistent and credible record-keeping over the years.
At other times, I’ve come across scenarios where what would be simple claims ended up becoming complicated due to lack of proper preservation of relevant evidence. For instance, lack of photographic evidence, insufficient medical records or treatment can make things much harder than they need to be.
On the contrary, clients who kept consistent records, followed medical advice, and recorded recovery would provide more insight into the injuries suffered.
Accidents happen unexpectedly. While there may be nothing more pressing than one’s own wellbeing and family obligations, however, taking just a few actions to record the events can prove vital for future claims.
Proper documentation is not something to be done in preparation for lawsuits. It is simply a means of gathering the facts, ensuring that the insurers, attorneys, and court have sufficient information to work on and base their decisions upon.
In case of an injury, health considerations should always take the highest priority. Fact preservation comes second.
Article Contributor
Elliott H. Jung is the co-founding attorney at HHJ Trial Attorneys, which is one of the best personal injury and employment law firms in San Diego County. His clients include those involved in cases that involve catastrophic injuries, brain injuries, sexual harassment at work, and sexual assault. Named as one of the top 2.5 percent of attorneys in America by Super Lawyers and the National Trial Lawyers Top 40 Under 40, Elliott has won many millions in verdicts and settlements.