Our results continue to be among the top results for personal injury victims in Columbia and the surrounding area. One of the reasons: We instruct our clients is to keep a diary.
The diary in their own words can express what they experienced. These notes are then reviewed and relayed to the insurance carrier when our traffic violation lawyersnegotiate your car accident claim. There are essentially eight things each client much comprehend.
Creating Your Diary
First, understand the purpose of the diary. The purpose of a diary is to keep an accurate record of the pain and problems arising from the accident. The client is responsible for keeping the diary. Notes are to be kept strictly confidential and should be mailed to the lawyer on a regular basis, preferably once a month.
Second, describe how the injuries you sustained affected you. A diary need not be exciting. What it should be, however, is accurate and detailed. You should describe how you feel from the first moment you awake through the course of your normal day until you go to bed at night. Explain how your pain and injuries have changed the way you live. If it is more difficult for you to dress yourself, bathe, or simply get out of bed, you should document this in the diary. Some days maybe better than others. They should also be documented. The diary should be accurate, detailed, and honest. Therefore, the way your pain and injuries have affected your disposition, your emotions, and even your marital relations are extremely important. The law recognizes a cause of action for effects of injuries upon the consortium.
Third, description of pain and suffering. The description of pain and suffering should be done in your own words. Be yourself and keep your diary as you would as if no one else would see it. That way, you can be as open and honest as possible. Document the pain from the scene of the accident, to your hospital stay, through each particular day.
Fourth, review each part of your body which experiences pain. Try to stay in touch with your body. Review each of the parts of your body to determine how it feels, whether there is any limitation in movement, whether it is painful to use that part of the body, etc. Begin at your head down to your feet.
Fifth, describe your emotions each day. If the pain or injury is affecting you emotionally, be open and honest about it. Do not, however, take a negative attitude in the diary. Try to keep a positive attitude, and state how you are attempting to cope (give examples of how you are coping with the pain, or, if your activities are severely limited, at least explain why your activities are limited). But also concentrate on what you are attempting to do and how you are restructuring your life to make up for those limitations.
Six, keep a record of any loss of income, loss of earning capacity, or other wage loss information. You should keep copies of payroll stubs, W-2 forms, and income tax returns. If you do not have records relating to this financial information, we have authorization forms for you to sign so that we may obtain them and keep accurate records.
Seven, keep a record of all witnesses. You should also note any witnesses to wage loss, pain, emotional trauma, or other consequences of your pain and injury. Please provide, in the diary, the name, address and telephone number of each witness with respect to a particular day or incident.
Eight, recognize the importance of your diary. Your diary will be a trial aid to both us and to you, but it is also a record of your pain, injury, discomfort, and damages. It can be invaluable at time of trial. Therefore, make it complete, honest and, where appropriate, imaginative and creative. Let your diary be a way of expressing how you feel as a result of your accident, how the accident affected your life, and how you have changed as a person.