Properly documenting your injuries is important to your personal injury case. More importantly, it is critical to your medical care and your ability to ensure the best path to recovery. Once you receive adequate medical treatment, you can contact a seasoned personal injury lawyer to assist you with bringing forward a claim for compensation.
When someone suffers an injury there are typically many different symptoms. For example, though all cervical strain/sprain (aka “whiplash”) injuries are different, they will often come with a constellation of symptoms. Some of those symptoms will likely include pain in the back of the head radiating down the neck into one or both of the shoulders. Many people, when seeing the physician, will report this as simply “neck pain.” After all, doctors are not thinking about a potential claim, and the injured person isn’t thinking about “developing a claim,” but simply getting help.
As your claim develops, and future medical appointments note your shoulder pain or head pain, the insurance company will often argue that because it wasn’t reported explicitly in the initial records, it must have resulted from some incident other than the subject injury. To be clear, the insurance company may be acutely aware that its argument is bogus. It doesn’t care. It is an argument they will put forth and lean on throughout the claim and potential litigation.
The insurance companies’ only interest in defending claims is paying as little as possible, or nothing at all. In dealing with unrepresented claimants, they will make ludicrous offers, and often intentionally misstate (to put it nicely) what you are entitled to. They will also be non-responsive and dismissive, in hope that you just go away or break down and accept it’s low-ball offer.
Once dealing with a personal injury attorney, they move to their second set of tricks. To minimize what you have gone through, the insurance companies will look first to your medical records. When they see refusal to seek medical help immediately after the accident, they often try and mold an argument that implies you weren’t really injured at the scene. When they see a recommendation to physical therapy that is not promptly followed up on, they argue that the injuries couldn’t be too bad, despite the myriad obvious practical life reasons that might stall the process. They will look to any gaps in treatment (e.g., your doctor or physical therapist asks you to follow up in 1 week, but you follow up in 1 month). If there is a “glass half full” aspect to these insurance company tactics, it’s that they employ them time and again. We know how to combat these bogus arguments right out of the gate. Personal injury attorney Michael Sabbeth has considerable experience and a distinguished track record of success in aggressively fighting and winning against insurance companies who rely on these false premises.
Why Is It Important to Document My Injuries After an Accident?
Documenting your injuries after an accident is crucial for building a strong personal injury claim. Proper documentation helps establish a clear record of the extent of your injuries and how they impact your daily life. This evidence is essential when pursuing fair compensation from an insurance company or in a personal injury lawsuit. If you fail to document your injuries or delay medical attention, it could weaken your claim, as insurance companies often argue that delaying medical treatment suggests your injuries aren’t serious.
A personal injury attorney will need comprehensive documentation to support your claim and prove the need for medical care, lost wages, and pain levels. Whether you’re involved in a car accident or another type of incident, documenting your injuries helps your personal injury lawyer navigate the legal process and ensures that you receive the fair settlement you deserve.
What Types of Evidence Should I Gather to Document My Injuries?
To support your personal injury case, gather various forms of evidence to document your injuries. Start by seeking immediate medical attention and ensuring that all medical treatments and medical appointments are thoroughly documented. Medical records, including medical bills, treatment plans, and medical reports, are critical for demonstrating the impact of your injuries.
In addition to medical documentation, take photographic evidence of any visible injuries and the accident scene. This visual evidence can be essential in proving how the accident occurred. You should also collect witness statements and written statements from treating physicians or healthcare providers to further strengthen your injury documentation. Keeping a pain journal or detailed injury diary that tracks your recovery process and pain levels can provide additional support for your legal claim. Thorough documentation is key to ensuring a strong personal injury case and helping you recover lost wages and other expenses related to the accident.
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- What to Do When You’ve Been Injured
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