Good injury documentation is key to proving many aspects of your personal injury case, including injury causation, severity, future costs and credibility. Documenting your injuries clearly with medical records, photos and treatment history can strengthen your claim significantly.
Why Do You Need to Document Your Injuries?
Financial compensation is not automatically awarded to a plaintiff or filing party in a personal injury case. The plaintiff is responsible for proving or establishing the required elements of the claim using evidence.
There needs to be enough evidence to show that the other party (known as the defendant) more likely than not caused harm to the plaintiff. Without compelling proof that an injury occurred, there would not be grounds for a personal injury claim.
The Benefits of Properly Documenting Your Injuries
If you are hurt in a car accident, slip and fall, workplace accident, or another type of incident caused by another person, documenting the injuries you have suffered is crucial. Without proper injury documentation, an insurance company may deny your claim, argue that your injuries were pre-existing or downplay their severity.
Clear and thorough records of your injuries – including the date and time of the accident, when you received treatment, your official diagnosis, and photographs – can establish that you sustained an injury in the accident (and not another cause). Proper documentation can also demonstrate the nature, gravity and scope of your injuries. This will allow you to hold the correct party responsible and recover fair compensation for your injuries.
In addition, showing that you immediately went to a hospital or emergency room can prove to an insurance company that you did everything you reasonably could to mitigate or lessen your damages. Without this documentation, an insurance provider may try to reduce your payout based on the argument that your injuries were exacerbated because you delayed medical care.
Tips for Strong Injury Documentation
Even if you never missed an insurance premium payment, the insurance company handling your claim may try to limit or even take away your payout. This is because insurance companies always put their own interests first. You can protect yourself by thoroughly documenting your injuries.
What Should I Document?
- The presence of one or more injuries and their direct connection to the accident
- The extent or degree of your injuries
- The estimated costs of present and future medical treatments
- Other related expenses, such as disability accommodations or lost wages
- Any short-term or long-term disability
- How the injury impacts your ability to work
- How the injury affects your daily life or enjoyment of life
What Evidence Should I Collect?
- Medical records from the hospital or doctor’s office
- Diagnostic reports
- Imaging scans, such as x-rays and MRIs
- Lab results
- Notes from a doctor or surgeon
- Photos of the injuries as they heal
- Records related to any pre-existing injuries or conditions
- An injury journal that documents your pain and suffering
- Lost wage statements and employment documentation
Where Can I Go for Help?
Certain records and documents are particularly helpful when it comes to proving your injuries in a New Mexico personal injury case. Contact us today for assistance documenting your injuries and establishing other required elements of your claim. At the Fine Law Firm, an attorney can talk to your doctors and preserve key evidence while you focus on healing.