Documenting your personal injury damages after an accident causing personal injuries or death is extremely important. Juries come into the courtroom conditioned by cries for tort reform and claims of jackpot justice. For jurors to understand your damages, especially your personal injuries such as pain and suffering and mental anguish, they must see them to appreciate them.
Even though most cases settle, a fair settlement is based upon what the jury may find as the dollar amount of damages. It is easy to calculate past medical expenses, future medical expenses, past lost earnings, future loss of earning capacity and property damages. Pain and suffering, mental anguish and physical impairment are more difficult to prove and often depend on how well these damages are documented.
Photographs and video are excellent ways to document personal injury damages. With cell phones that take photos and videos, there are many opportunities to make a record of the accident scene, property damage, bruises, lacerations, stitches, hospital stays, trips to the doctor, difficulty in doing simple things such as getting dressed or grooming. Bruises fade, stitches and casts are removed and thankfully, people get better.
Photographs or videos? It depends on the situation, but both are usually the best answer. Digital photos and videos are easy to share, and the videos can be edited to make the trial presentation flow.
Obviously, seeking medical care is the first priority! When possible you should always photograph and video your injuries and damage to the vehicles. If you are documenting the accident scene, do it safely. Do not get in the roadway and cause another accident!
Consider having someone video you doing the simple activities that are difficult because of your injuries.
If the accident involves a death, consider documenting the funeral. You should also gather photographs of your lost loved one doing the things they enjoyed and spending time with the family.
Finally, as creepy as it seems, be aware that the Defendant may attempt to video or photograph you doing things that you say you cannot do. If there is a vehicle with dark windows sitting across the street, you may be being watched!
If you have been seriously injured or have lost a loved one in an accident, please do not hesitate to give Chris Jones, Board Certified Personal Injury Trial Law, a call for a free initial consultation or send us a message at Contact Us.
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