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(314) 500-HURTThe importance of documentation in a personal injury claim. When you’re injured by the negligence of another,
proper documentation is essential for ensuring that you receive the compensation you deserve. From keeping a
detailed journal to preserving medical records, having an accurate and complete record of your injury and its
aftermath can greatly strengthen your case and help you achieve a more favorable outcome. Burger Law has over 80 years of combined experience investigating cases and getting great
recoveries for our clients throughout Missouri and Illinois. If you have any questions about how to go about getting
a financial recovery, speak to one of our personal injury
lawyers today (314) 500-HURT or contact us online for a free consultation.
The purpose of compensation after an injury is to make you whole; meaning to put you in
the same situation you were in before the accident. This means compensating you for your economic damages like medical bills and lost wages, as well
as the less tangible non-economic damages, like pain and
suffering. To get compensation for your damages, you have to show evidence of those damages with some kind of
documentation:
You’ll first need documentation demonstrating how the injury occurred and why the other party is liable
for your damages. This documentation can include photographs of the accident site, police reports in the event of an
auto accident and an injury report if you were injured in a slip and fall in a store. You can also use
eyewitness statements and video surveillance. If the insurance company is especially obstinate, your personal injury
attorney may use expert witnesses to testify to how your
injuries occurred.
Secondly, you’ll need your full medical records as they relate to the accident. If your injury isn’t
documented, the insurance company can say they have no reason to think you’re injured. The more extensive the record
of your medical treatment, the higher your compensation will be. You should keep all the bills and physician’s
reports from your initial emergency room visit or doctor’s appointment, as well as all testing, X-rays or MRIs,
physical therapy or chiropractic appointments, receipts for prescriptions or over-the-counter medications and bills
for assistive devices such as crutches or neck braces. The records should include the date, the doctor or healthcare
provider, and the treatment received. You can also keep a record of your transportation to and from medical
appointments, whether that be your gas miles from driving, public transportation or a service like Uber or Lyft. If
you need further treatment in the future, you’ll need a letter from a doctor explaining why it’s necessary and how
much it’ll likely cost.
You’ll also need documentation of your lost wages and/or lost earning potential. You can use W2s or tax
returns to show how much you usually earn, and get a letter from your employer stating the number of days missed. If
you’re unable to return to work due to your injury, you also need to obtain a statement from a doctor indicating
your inability to work, or that you have to work less than before.
You can also keep receipts for any out-of-pocket
expenses you incurred because of your injuries. Did you have to hire a nanny to look after your
kids? Did you pay someone for help with household chores? Did your treatment take you out of town, where you had to
pay for a hotel room? If it’s directly related to your injuries, you can receive compensation for that as well.
You can also keep a detailed journal describing the symptoms and limitations you’re experiencing because of
your injuries. This will help the other side understand how your injuries have affected you in non-monetary ways.
Does it hurt to get in and out of bed? Do you have frequent headaches from your whiplash injury? While money can’t
make those things go away, the law allows for a financial recovery for pain, suffering and mental anguish as well.
If you used to love playing piano every day, but now you can’t sit up straight at the bench, or your hands shake
when you touch the keys, you deserve to be compensated for that.
Your documentation should be truthful, but shouldn’t be any more than you need to prove your claim. When you keep
your journal, focus solely on your injuries and how they affect you. The insurance company may say they need your
medical records from the three years before the accident, but that isn’t true. They’ll try to argue that your
injuries were pre-existing, and therefore they don’t have to compensate you for your claim.
The personal injury process is daunting for anyone who doesn’t have experience with it. One of the many benefits of
hiring an attorney for your claim is that they can handle all the documentation and investigation for you. Burger
Law knows how to win injury claims, and to date has secured over $200 million for our clients. Call us today at
(314) 500-HURT or fill out our online form to discuss your case with an attorney for
free.
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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