Should Accident Vctims Keep Records?
If you have been in an accident you will need to keep records of several things to insure your attorney has the all the information he needs. Having all information and records will increase your chances of a fair and just settlement.
You need to keep all of your receipts. If you cannot document payment it is much more difficult to get reimbursement. Keep your receipts for prescriptions and any medical bills that you pay. Also, if you have to pay someone to mow your grass, give you a ride to the doctor or to shovel the snow from your driveway get a receipt or better yet pay with a check. Document anything you pay someone to do that you would do yourself if you had not been hurt in the accident. Make sure you get a receipt if you pay in cash or keep the canceled check. This makes it easier to document the fact that the service was performed and paid for. Take the argument that you are making it up away from the insurance company.
Financial records are not the only records you need to keep. You should make notes and document your entire doctor, chiropractic, physical therapy or testing facility visits. The insurance adjuster will ask you what your doctor did for you and how the treatment helped you. Not only will the insurance adjuster ask you this but the defense attorney will question and cross examine you on this at your deposition and at trial.
In your notes you should include:
The pain you were feeling, including the severity and location of the pain
* The name of the treatment you received
* How long you were there
* How you reacted to the treatment
* What tests were performed, including orthopedic test and x-rays
* All conversations with the doctor and the doctor's staff
All conversations with insurance adjusters and any insurance company representative should be documented as well. This includes the person you report the claim to and the appraiser that looks at your car. They are documenting what you say and do. How you act. You should do the same. Documentation gives you credibility when you are asked (or more accurately raked over the coals) at a later time. Not only should you keep notes, but if possible record all of your conversations. You can use your phone, a tape recorder or a digital recorder. If you have a recording no one can doubt or contradict what was said.
All lost wages need to be documented. First your doctor needs to take you off work, by saying that your injuries from the accident are preventing you from doing your job for a period of time. That if you work it will interfere with your recovery. If you don't have this it is very difficult, if not impossible to collect on your claim for lost wages.
Secondly, you need to let your employer know that you were in an automobile accident and that you can't work. This way your personnel file will be properly documented. This will ensure that you are paid for the time that you miss from work as a direct result of the automobile accident.
We have already spoken about the importance of taking pictures. Not only should you take pictures of the accident scene and your car, but you should take pictures of your injuries if they are visible. Pictures of bruising should be taken at the various stages of the healing process. Many times the seat belt will cause bruising on your chest. Take pictures of this. If you break a bone and are in a cast you should take pictures of this. Any stitches, pins, etc. should be photographed. All scarring should b photographed. This helps the adjuster or the jury understands what you have gone through. Seeing your pain helps them see how you have suffered. This will increase the value of your case.
You should video anything that you can that has anything to do with your accident case. Seeing what has happened and what you have gone through helps to bring your problems to life. If you are having problems walking, take a video of yourself trying to walk. If you can't speak clearly record it. If you have to be helped in and out of a car, take a video of it. Seeing is believing. Anything you can provide that will authenticate your injuries will increase the value of your case.
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