Documenting Your Pain and Suffering After an Accident

After you’ve been in an automobile accident, or any type of accident that resulted in an injury, you’ll find yourself left with pain, suffering and possibly functional limitations. Your individual pain and suffering that you experience after an accident will signify a major component of your future lawsuit or legal claim. Therefore, it is important to thoroughly document your pain and suffering throughout your recovery.

Pain and Suffering is Difficult to Prove

Since pain and suffering can make or break a case, it’s a significant factor that is a challenge to prove in the court of law. You need to take every necessary step you can to document your experiences following the accident or injury that was caused by someone else being negligent.

Keep a Simple Journal

The easiest and most effect step to take is to keep a journal. With every journal entry, discuss the pain and suffering you experienced that day. Be as detailed as you can in order to make a compelling case for the legitimacy of your case. You don’t need to make this an overcomplicated or even time consuming process; simply record your daily experiences before bed each night (or whenever works for you).

Make note of when you feel pain, where you feel it and what motions it’s inhibiting. Include the time and date of every journal entry. Additionally, it’s worth developing a rating system so that you can assign a numerical value to your pain. A simple 1-10 system is often all that’s required. A ‘one’ represents minimal pain, while 10 represents intense pain.

If you experience any persistent pain, be sure to record this in your pain journal. Discuss what’s hurting, how long it hurts and what, if anything, provides any relief.

Retain All Medical Documents

It’s vital for your case that you retain a copy of all medical documents related to life in the aftermath of your accident or injury. Keep everything the doctor gives you, and even write about each visit in your pain journal. Not only does keeping all medical documents help prove pain, but it will also help prove the financial burden that’s been placed on you since the accident. You can staple important documents to your journal, or simply keep them in a folder.

Consider Hiring the Professionals

Working with a personal injury lawyer will be advantageous to documenting and proving your pain. These specially trained lawyers are skilled at knowing what the courts need to see in order to prove the hardships caused by the accident or injury. Contact us today to setup an appointment to determine how we can best protect your interests in your personal injury case.

Calculating Lost Wages in a Personal Injury Case

Were you injured because of the negligence of someone else?  Are you spending nights awake worrying about lost wages and your financial future?  For injured parties who are out of work, this can be a frightening and overwhelming time for the injured person and their family.  If this has happened to you, then it’s time to get back your wages in a court of law and secure your financial future.

What Qualifies as Lost Wages?

When it comes to the courts, they want to see documentation of lost wages, such as a W-2, 1099, or other tax document.  For individuals who have multiple jobs, this can prove difficult.  For example, people who perform non-traditional, part-time jobs like lawn care, weekend waitressing, babysitting, or bartending a couple of nights a week may have a harder time proving the worth of their lost wages.  Sometimes, these jobs cannot be included when calculating lost wages due to a personal injury case.

As the plaintiff, you are owed lost wages as part of the compensatory damages incurred by your personal injury case.  At this point, the plaintiff needs to examine their overall income and where it comes from for the attorneys to determine which sources are eligible for lost income. If a tax documentation is not available, there must be some reasonable documentation to prove the lost wages, like receipts for example.  This would especially be the case for income earned from a source that is less than $600 for the entire year.

What about Future Lost Wages?

It is also important to consider future lost wages at this point.  To determine this, an attorney will look at the plaintiffs’ current level of income to determine future loses that also include recovery time.  If a person’s injuries need three months, six months, or even a year or more to heal, the plaintiff is entitled to compensation for lost wages during this recovery time.  The estimated recovery time is determined by a formal medical recommendation. The court will only accept reliable documents that prove your current income, future income and time needed to recover.  This documentation will go on the record and will ensure that you receive the appropriate amount for lost wages to be awarded.

At Hastings and Hastings we successfully win personal injury cases everyday.  We will win yours too.  For a free consultation about your personal injury case call us at 800-975-0080 and we will listen to your story, answer all of your questions, and give you our professional recommendation.