Keeping a diary of events and injuries is a great idea for several reasons. First, diaries are made when events are fresh in your head will be more accurate than trying to remember events 2 years after they occurred. A diary is a great way to refresh your recollection of events. If you go over a diary of events related to your personal injury case right before a deposition, you will be more likely to testify clearly. It will also help you determine whether or not medical records are accurate after they are produced. Medical records are not always accurate. Even simple matters in medical records are commonly misinterpreted. Things such as the gender of the patient or the type of accident are often incorrect.
Tips on keeping a successful injury diary
The way that you populate the diary of your injuries and medical treatment is important. You want to make sure and date everything. That way, you know when you wrote the entry. For every entry go through the body parts that are hurt and attribute a pain scale (1-10) to rate the severity of the pain. This way you can confirm that the medical records are accurate for a certain time frame. Plaintiffs in personal injury cases get tripped up when testifying about these pain scale ratings. Their recollection (if they don’t keep and review a diary prior to testifying) is cloudy. They are then easily tripped up when the Defendant’s attorney asks them questions about how they were feeling on a particular day. Then the Defense attorney pulls out medical records and the responses end up being wildly inaccurate. This causes issues with credibility on the stand. However, if a Plaintiff makes a diary and reviews the diary before providing deposition testimony, their recollection will be refreshed. They will be able to provide testimony that coincides with what they told the doctors at the time of the treatment. They will come off as a credible witness. The jury will love the testimony provided by the Plaintiff and give them a bunch of money because they are so believable on the stand.
Your diary may become admissible evidence
The one issue with diaries is that they do potentially become discoverable evidence at trial. The defense attorney will technically be entitled to review the diary. This is why it is important to make sure that the diary does not contain any information that you do not want them to have. You should retain an experienced personal injury attorney to make sure that you are putting the right information in the diary and leaving out information that you do not want to be discovered by the Defendant. A smart lawyer on your side will help you achieve your goals in your case. Contact attorney Brian Boyer at the Injury Firm to speak to him directly and set up an in-person meeting. He will be able to help you if you were involved in a car accident, slip and fall, or product liability case.