“If it isn’t written, it didn’t happen.” This is a statement that every personal injury claimant should be aware of. It is one we use around our office regularly. It is not true. Many things happen that are not written. Many other things happen in serious personal injury cases that are written, but they are written inaccurately.
Unfortunately, cases are not decided based upon the truth. They are not decided based upon the facts. Instead, cases are decided based upon “evidence.” Evidence may or may not be accurate, and it may or may not be an accurate reflection of the facts that actually happen.
Therefore, one thing to give very serious thought to, is keeping a diary. You should talk to any top personal injury lawyer that you hire prior to making this decision. There are risks in keeping a diary. They have to be kept not only accurately but kept in some sort of consistent manner dealing with the types of things that your lawyer may want you to deal with.
However, there can be advantage over not keeping a diary in many cases. If a case goes to trial, the jury will often be hearing about the severe effect on the plaintiff’s life from years earlier. The plaintiff can take the stand and explain all of the ways their life was affected because of the personal injury case and the injury from which it arose. However, being able to show the jury documented evidence of what they went through written back at the time they were going through it can be very powerful.
Like any other matter related to serious personal injury cases, find the best injury attorney you can find and have a very serious discussion about whether or not keeping a diary or journal is a good idea for your case and, importantly, the best way to keep that journal to avoid somebody later twisting it and trying to use it against you.