The Importance of keeping a Journal (after an accident)

When one is in a car accident he/she has two (2) years to file an action in court. Then it can take 1 - 1 1/2 years to actually resolve the case. Hopefully, when you have to talk about your injuries, you will be completely healed from your accident related injuries. Whether it be at a deposition (answers under oath and out of court) or if you have to testify in court about your injuries, it is important that you be able to refresh your recollection as to how much pain you were in following the accident.

Therefore, it is extremely important to keep a journal of your pain, your suffering, your medical appointments and procedures. Keep track of having to take medication for pain, nights when you have trouble sleeping, fears, pain, work missed, special events like weddings missed, etc. This way, when you are testifying at deposition or trial, you can first refer to your journal so as to remind yourself about how the accident so badly impacted your life.

One important evidentiary/discovery issue will be to try and deep your journal confidential - you must be writing it at the behest of your lawyer and for his/her eyes to read. This way, the other side cannot obtain the journal. Sometimes courts do require that a journal be produced - so keep in mind that anything you write might be viewed by the other side or read to the jury. So write it without profanity or anything you might later be embarrassed about.