Every once in awhile I get to step into the shoes of my clients. Recently I was doing some heavy lifting and I hurt my trapezius muscle. The trapezius muscle is one of the major muscles of your back and extends into your neck and shoulders. Today, I’m in excruciating pain. It hurts to even move. Forget about turning the right. I have to move my entire torso to look to my right while driving. The thing is in a few days the pain will go away. I will have little memory of the living hell I’m going through today. That is why keeping a daily journal after an accident is so important.
After an accident I suggest that you pick up a small composition notebook. In that book you’ll document how your feeling and any limitations you may have. There is no specific formula for this. Just simply spend a few minutes each night before bed describing how you feel. Try to be as specific as possible. You’ll be amaze how much you’ve forgotten when you look back.
Document Specific Details
Sometimes the littlest details can have the biggest impact. You’ll want to be as specific as possible. For example, if you couldn’t make it to your daughter’s school play or you left work early everyday this week. These are a few examples that can add value to your case. In accident cases the devil is in the details. It is important to documenting your injuries, as well as how those injuries effected you.
Protected From Disclosure
Your journal will be protected from disclosure, provided it was created in anticipation of litigation. This means for the purposes of documenting your injuries to refresh your recollection. We call this the work-product privilege. Yet, a personal journal not written in anticipation of litigation could be discoverable. This is rarely an issue but you should still be aware of it. In the end you should keep a journal after an accident.
Along with immediate medical treatment and making your complaints known to your doctors you’re well on your way.
For more information on accident cases check out some of our personal injury articles. You can also watch some FAQ videos posted on our YouTube channel.