Massachusetts Personal Injury Library
Fatal Mistake #2 – Not Documenting Everything that Happens in the Weeks and Months After the Accident
This is an excerpt from the 7 Biggest Mistakes That Can Wreck Your Massachusetts Accident Case by the Boston car accident lawyer, Thomas M. Kiley.
Document Everything that Happens in the Weeks and Months After the Accident
Here’s a fact of life: When your claim is presented to an insurance adjuster for a settlement or to a jury for verdict, neither the insurance company nor the jury has any obligation to believe what you say.
What counts is not what actually happened, but what you can prove happened. You can do that with thorough documentation.
We’ve already talked about the importance of car accident documentation. But the need for documentation only begins at that point. It doesn’t end until your case is completed.
It’s amazing how quickly we forget the pain and suffering we have gone through. Written words help us remember. That’s why we take a shopping list to the grocery store!
These are the steps you should take after an accident:
1. When you get home, write down everything you can remember about the accident itself.
You’ll remember things after you get home that you forgot to write down or didn’t have a chance to write down at the scene. Keep a detailed pain diary. If you can’t write because of your injuries, dictate your thoughts to a family member or friend to write down for you. It is important to make your diary entries as frequently as possible. A summary at the end of each month will not be nearly as accurate as daily entries. A detailed diary becomes a powerful tool for a fair settlement.
Like it or not, dealing with insurance companies is like a giant paper shuffle. In our profession it’s called “building the file.” Documentation is the key to keeping an insurance company honest and on its toes.
If you want to get reimbursed for an expense, you will first have to show proof of the expense. For example, if, because of your injuries, you have to hire someone to cut your grass or clean your house, you need receipts to prove you spent the money.
It is amazing how many of these reimbursable expenses slip through the cracks, unless you:
- Make notes;
- Keep receipts; and
- Bring them to the adjuster’s attention.
2. Keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of everyone you talk with.
If you have a problem with someone from an insurance company, ask to speak with that person’s supervisor.
After you write down everything you can remember about the accident itself, and document your communications with insurance companies, you should:
3. Document your doctor visits.
I promise that you will not remember every date and time you saw a doctor or therapist. Keep a calendar, and mark each medical visit or other significant event. Keep a record of when you got crutches, when you got off crutches, when you stopped wearing a neck brace, etc.
Get the correct addresses and phone numbers of all doctors or clinics you visit. Pick up business cards when you are in their offices.
Save all your pill bottles, casts, braces, and any other similar items you receive from your doctors.
4. Document your lost wages.
The insurance company is not going to take your word for anything! If you want to recover any earnings you lost because of this accident, you’re going to have to account for every penny you lost.
The normal way to do this is with a statement from your employer, but the insurance company may also want to see a copy of one of your paychecks. If you are self-employed, or paid on commission, it can be a real challenge to convince the insurance company of your lost income. The insurance company may want to see copies of your tax returns dating before and after the injury.
5. Take pictures of your injuries.
If you are hospitalized, keep a photo record of your stay. If your injuries created a serious scar, get clear, close-up pictures to show the details of the scarring.
Videotaping is a very effective tool not only in showing the complete picture of the accident scene, but also in showing the “loss of range of motion” caused by an injury. It can dramatically show the important aspects of your case.
In an accident claim you are trying to re-create the past. The more effectively you can do that, the better you can prove your case. Don’t forget to photograph your vehicle from every angle before getting it repaired. When in doubt, get it on film!
If you bring an attorney into the process in the beginning, the attorney’s law firm should be able to help with taking the necessary photographs of your vehicle and of any cuts, bruises, or scars you have suffered.
At the Kiley Law Group, we develop any photos our clients take themselves. Digital photos are fine and are actually easier to work with and to store than regular print photos.
If you have been injured in a car accident due to someone else’s negligence, contact an experienced Massachusetts car accident lawyer. In this critical time you need a legal team that will fight for the compensation you deserve!
We will evaluate your case for FREE. Call (888) 208-1695 today!
See Fatal Mistake #3: Not Seeing or Not Cooperating Fully with Your Doctor.
