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Make Notes About Your Accident And Injury

One of the first things you should do after you are injured is write down everything you can about your injury, including details of your injuries and their effect on your daily life. Having notes to remind you of the details of what happened, and what you went through, is both easier and more reliable than counting on your memory.

Get into the habit of taking notes on anything you think might possibly affect your claim and continue it through the entire claim or litigation process. Whenever you remember something you had not thought of before, write it down and put it with your other notes to give to your attorney. Here are some specific things about which you should make notes.

The Accident

As soon as your head is clear enough, jot down everything you can remember about how the accident or injury happened, beginning with what you were doing and where you were going, the people you were with, the time and weather. Include every detail of what you saw and heard and felt-- twists, blows and shocks to your body immediately before, during and right after the accident. Also include anything you remember hearing anyone a person involved in the accident or a witness say about the accident.

Your Injuries

As soon as possible after your accident, make daily notes of all pains and discomfort your injuries cause. You may suffer pain, discomfort, anxiety, loss of sleep or other problems which are not as visible or serious as another injury but for which you could demand additional compensation. If you don't make specific note of them immediately, you may not remember them later. Also, taking notes will make it easier for you later to describe to your attorney how much and what kind of pain and discomfort you were in. Writing down your different injuries will help you remember to report them to a doctor or other medical provider when you receive treatment. A relatively small bump on the head or snap of the neck, for example, may not seem worth mentioning, but it might help both the doctor and your attorney understand why a bad back pain developed two or three days, or several weeks, after the accident. Also, by telling the doctor or other medical provider about all of your injuries, those injuries become part of your medical records that will provide evidence later that such injuries were caused by the accident.

Economic or Other Losses

You may be entitled to compensation for economic loss and for family, social, educational or other losses, as well as for pain and suffering. But you will need good documentation. Begin making notes immediately after the accident about anything you have lost because of the accident and your injuries: work hours, job opportunities, meetings, classes, events, family or social gatherings, vacation or anything else which would have benefited you or which you would have enjoyed but were unable to do because of the accident.

Conversations

Make written notes of the date, time, people involved and contents of every conversation you have about your accident or your claim. Inperson or telephone conversations worth noting may include those with any witness, adjuster or other insurance representative, or with medical personnel.

Taking detailed notes on all of the above aspects of your claim will assist your attorney immeasurably in advocating on your behalf. Even if your accident occurred several months ago, it is never too late to being taking these notes; your memory will still be better today than it will be several months from now, when you might be asked to recall specifics about your injuries in a deposition or other legal proceeding.

Some content reproduced with permission of Nolo Press
Copyright 2002 Nolo, Inc.

Frequently Asked Questions about Personal Injury

Q: I've been hurt in an accident and I want to file a claim for my injuries. What's the first thing I should do?

A: There are a number of things you can do in the first few days and weeks after an accident to protect your right to compensation, such as:

  1. write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you've suffered as a result of the accident;
  2. make notes of conversations that you have with people involved in the accident or the injury claim;
  3. preserve evidence of who caused the accident and what damage was done by collecting physical evidence and taking photographs;
  4. locate people who witnessed the accident and who might be able to help you prove your case;
  5. notify anyone you think might be responsible for the accident of your intention to file a claim for your injuries, especially if a government agency or employee may be involved;and
  6. contact a personal injury attorney to evaluate and pursue your claim.

Q: How do I know if I have a personal injury case?

A: First, you must have suffered an injury to your person or property. Second, you should consider whether your injury was the result of someone else's fault. It is not always necessary to have a physical injury to bring a personal injury lawsuit. Personal injury claims are often based on a variety of non-physical losses and harms. In the case of an assault, for example, you do not need to show that a person's action caused you actual physical harm, but only that you expected some harm to come to you. You also may have a case if someone has attacked your reputation, invaded your privacy, or inflicted emotional distress upon you.

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