Tips for Documenting Your Losses to Build Your Personal Injury Case
Documentation can make or break your personal injury case. Even though you may not able to work while you recover from your injuries, you may find that you are devoting a significant portion of your time to ensuring that the proper documentation is in place for your personal injury claim. The success of your case depends on how well your physicians (and you) document your injuries and your recovery process. A good rule of thumb to remember when gathering information for your case is “if it isn’t documented, it didn’t happen!”
3 Tips for Documenting Your Losses
Disability
One of the most important aspects of your documentation comes from your physician. It is crucial that your physician thoroughly documents the length of your total disability and partial disability, and thoroughly lists your physical restrictions during specific timeframes.
Even if you received vacation or disability pay during this time, you are still eligible for reimbursement through your settlement. During your period of total disability, you can claim 100% of your expected gross (not net) earnings, and up to 50% during your period of partial disability.
Job Description
In addition, you will need to obtain detailed information about your job description including the physical and mental requirements necessary to fulfill your job duties. This should include very specific information about any lifting requirements (listed by pounds required), and time required in a sitting or standing position, and any repetitive movements, such as twisting the body to operate a machine press or typing.
You should also include any tasks that require you to be 100% mentally alert, as pain medication and other prescription drugs may interfere with your ability to concentrate and make important decisions during working hours.
Potential
It is completely allowable to claim the amount of potential wages lost during your recovery period, as long as you have the documentation to back up your claims. Include a calendar of missed business meetings, rescheduled meetings with potential and returning clients, overtime hours lost, and vacation and sick pay you used to supplement your income while you were off work due to your injuries.
Include previous work schedules, meeting minutes, letters from clients, and pay stubs to back up your claims and include testimonies of supervisors, physicians, and therapists to help support your case. You can also claim an additional loss of income if you missed an opportunity to interview for a better paying job during your recovery period and if your injuries will permanently impact your ability to earn a wage in the future. Any lost or potential commissions that you missed out on during your recovery are also fair game in the settlement process.
Documenting your case is one of the most critical aspects of your personal injury claim and should receive a great deal of time and attention during your claim process. A personal injury attorney can help you sort through the confusion and obtain the required documentation. However, if you are representing yourself in your case, the burden of proof falls squarely upon you. Don’t be afraid to seek the advice of legal counsel at any time during the claim process to be sure you protect your rights under the law.
IF YOU, OR A LOVED ONE, HAVE BEEN SERIOUSLY INJURED IN AN ACCIDENT – CALL TODAY FOR A FREE CONSULTATION!
