Dear Diary

There is no doubt that an injury hurts. The questions become, how much does it hurt, what did it keep you from doing, and how do I prove it hurt?

Juries are suspicious now a days. If you can show that you had a broken bone or required surgery following a collision a jury will believe that you felt pain. Everyone knows that a broken bone hurts. Everyone knows that if a surgeon cuts into you, you will feel pain following the surgery. Pictures and x-rays will confirm the damage and a jury will likly award you damages. But soft tissue injuries (strains and sprains) are very hard to show. A jury often has to just take your word that you felt pain. The problem is that so many people have abused the system and claimed pain when in fact they were fine, that now a truly injured person is no longer beleived. What do you do to turn the odds in your favor? The answer: keep a diary.

Use a diary to document how you felt each day; was the pain worse than the day before, did you wake up with a splitting headache, was the pain so bad that it kept you from a picnic or an evening at the movies with your kids? Document in the diary when you went to the doctor, how long the doctors appointment took, did you feel worse after a physical therapy session, were you depressed because of your injury? Having this information will make your case come alive when it is time for a deposition or trial. Having this information makes the difference between believability and skepticism. So take the time to record your thoughts each day while they are still fresh in your mind. You will be glad you did come time for trial.