Accident Attorney In Colorado Springs – Pain Journal
Working with an accident attorney in Colorado Springs to help you obtain a fair settlement after your accident can make a huge difference in the outcome of your case. Your accident attorney should give you guidance regarding what to do and what you should not do after your accident. One important factor that can help you increase your settlement is keeping a pain journal.
Keeping A Journal Can Help Your Case
Why keep a journal? Your journal will be an important trial aid if it is an accurate record of the impact of your injury on your life. Your journal can help you document how you felt each day as you experienced pain or discomfort from your injury and it can help you explain how the injury has changed you.
Keep your journal confidential. Keep the journal yourself, in your own handwriting. Type if your handwriting is difficult to read. Avoid showing your journal to anyone other than your attorney.
What to write about. Write about how you felt at the scene of the accident and during your hospital stay. Describe how you feel from the moment you first awake, through the course of your normal day, until you retire at night. Explain how your pain and injuries have changed the way you live. Document both your good days, as well as the bad ones.
Focus on each part of your body that experiences pain and discomfort. Stay in touch with your body. Reflect on how each of the parts of your body feels. Note whether you have any limitation in movement in that body part and whether it is painful to use that body part during the normal work-day or social activities.
Describe your emotions and feelings. Be open and honest in explaining how your injuries are affecting you. The way your pain, suffering, and injuries have affected your disposition, emotional well being, job performance, and even your marital relations are extremely important to your lawsuit.
Use your own words. Use your own words to describe your pain and suffering. Keep your diary each day the same way you would if you were not using it for a lawsuit.
Try to stay positive and upbeat. Avoid taking a consistently negative attitude in the journal. For example, the pain you have may be severe, but you should try to explain how you are attempting to cope with it. Concentrate on the efforts you are taking or plan to take in an attempt to change your lifestyle to make up for any limitations that your pain and suffering have caused.
Avoid absolutes and exaggerations. Avoid phrases that can be easily contradicted. For example, although it may be tempting to say “I can’t sleep” or “I can’t move my arm,” rarely are these statements true. Thus, it is usually more accurate to note you are experiencing difficulty in sleeping, or it is difficult or painful to move specified parts of your body to perform specific tasks. Imprecise or exaggerated language can, and very likely will, be used against you during cross-examination.
Keep your journal honest. Never fabricate your entries. Keep the journal accurate and detailed and—most importantly—honest.