When it comes to car accidents, physical injuries are only part of the story, as survivors also have to contend with the emotional and psychological toll of the incident unbeknownst to the naked eye. For individuals looking to receive compensation for all the pain and suffering that they have endured, accurate documentation is a must, with a pain diary being one of the most effective ways of showing how the accident has changed your life. In this post, we at Gabriel Law will explain the importance of keeping a pain diary in the aftermath of an accident and how your accident lawyer in Queens can use it to present your situation in a manner that allows everyone to see what you are enduring.
What is a Pain Diary?
A pain diary can be described as a detailed log that is maintained by a person injured in an accident to document and track pain experiences following the accident. Pain diaries usually record key details such as the location of the pain, its intensity (0-10 scale), the type of pain, the duration of the pain, and what the person does to alleviate the pain (e.g, food, activities, sleep, medication)
What is the importance of a pain diary?
Assists doctors with medical treatment plans
Doctors and other medical professionals can use the details you have recorded in your pain diary to track the progression of your pain and provide effective medical treatment that induces faster recovery. The details can also be helpful to them should they be called to testify and provide their expert opinion on the matter.
Acts as a memory aid
By the time you start negotiating with the insurance companies or take your case to court, a couple of weeks or even months would have passed. During this time, you may have forgotten key details of your pain and suffering that would have been useful for your case. The pain diary will act as a perfect chronology of your symptoms and can be used to accurately determine the extent of damages suffered.
Can be presented as evidence
One of the most important tasks performed by your car accident lawyer in Manhattan is establishing a value for the damages you have suffered. While calculating economic damages is relatively straightforward, the extent of a person’s non-economic damages depends on how much they can present as evidence. In that regard, a pain diary is one of the strongest pieces of evidence your lawyer can present as a means of justifying the amount of damages claimed.
For example, if you want to file a personal injury lawsuit, you must first show that you have suffered a “serious injury.” If you can show that you were prevented or limited from performing your daily activities for over 90 days within the first 180 days after the accident, then you are able to show a serious injury. A pain diary is one of the best ways to satisfy the aforementioned condition.
How can you maintain an effective pain diary?
For your pain diary to hold significant value as evidence, it must be accurate, descriptive, and consistent. Here are some tips that can help you develop a pain diary that matches the evidentiary standard.
- Choose a format for your pain diary that works best for you. Your pain diary can be a notebook, digital app, or spreadsheet.
- Make regular entries into your diary. We recommend you make entries on a daily basis or several times a week.
- Provide detailed descriptions of the pain endured with key details such as type, pain, location, and intensity.
- Use descriptive language that paints a picture of what you are going through and allows others to understand and empathize with you.
- Track the medication and treatment you use to manage or alleviate the pain.
- Note down your emotional responses, such as moments of frustration, anxiety, or depression.
- Be honest and accurate. Any exaggeration or downplaying of symptoms can undermine your credibility and impact your final settlement.
Conclusion
For many victims, car accidents leave both physical and mental scars. While compensation for physical injuries is obvious, what many people don’t realize is that their pain and suffering can also be a source for compensation. At Gabriel Law, we understand how important both physical and mental health are to an individual, and when both are affected by a car accident, we will make sure to stand by your side, fight the good fight, and get you the compensation you deserve. If you want to experience our legal team in action, contact us now and schedule your free consultation.
