Documenting damages in a personal injury suit
You may have been involved in a car accident where liability was clear. However, documenting damages in a personal injury suit is crucial to the case. It does not matter if you were a passenger in a car crash and bore no responsibility for the accident. Without damages, there is no case.
Damages in a Personal Injury Case
The term damages in a legal sense has many connotations. For one, there is property damage, which refers to the destruction of physical property. For example, this could mean the cost associated with repairing a car after an accident. In some instances, a claim for punitive damages may also be appropriate. This means that the defendant has done something so egregious that his/her actions warrant punishment. Punitive damage claims are only available under certain circumstances. They are not covered under most insurance policies.
The intent of damages in a personal injury lawsuit is to make the injured party “whole” to the condition they would have continued to enjoy, had the accident not happened. You can help your attorney document damages by becoming a good historian at the beginning of your case.
The term “damages” is also used in other aspects of the law; however, we will not go into them for the purposes of this presentation.
Keep a Medical Diary
We are not suggesting that you write out a daily journal of your aches and pains. On the other hand, there is some basic information that can help in documenting damages in a personal injury case. We are appreciative when clients can provide us with the following documentation:
- A record of all hospital visits and admissions
- A list of all treating physicians and other medical providers
- Locations of diagnostic test sites, such as MRI facilities, etc.
- Pharmacy records
- Use of any appliances, such as canes, walkers
- Documentation concerning psychological care related to the accident
- List of pain and injuries associated with the accident
Personal injury attorneys such at the Law Offices of Anthony Carbone do not expect clients to obtain their records. In fact, in many cases, it is important to secure certified copies of them. However, keeping this simple diary makes it easier for the attorney to procure the necessary documentation and make a damage claim.
If you have been involved in an accident and suffered injuries, it is important to secure experienced legal counsel. Contact us to see how our office can act on your behalf.