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How to Keep a Pain and Suffering Journal for Your Car Accident Claim

How to Keep a Pain and Suffering Journal for Your Car Accident Claim

After a car accident, your medical records can prove your injuries, and your pay stubs can prove your lost wages. But how do you prove the daily, human cost of the crash? How do you show an insurance adjuster the reality of your sleepless nights, the frustration of not being able to do simple chores, or the anxiety you feel behind the wheel?

The most powerful tool for documenting these “non-economic” damages is a pain and suffering journal.

This journal is a simple, private diary where you consistently record how your injuries are affecting your physical and emotional well-being. It is a contemporaneous account of your recovery journey, written in your own words. When it comes time to negotiate a settlement, this journal can be transformed into a powerful piece of evidence that provides a detailed and compelling narrative of your suffering that medical records alone cannot convey.

Useful Information for You: In a Nutshell

  • A Journal is Powerful Evidence: It is one of the most effective ways to document and prove your non-economic damages (pain and suffering).
  • Be Consistent: The key is to write in your journal regularly, even if it’s just a few brief notes each day. Consistency builds credibility.
  • Document Everything: Record your physical pain, your emotional state, how the injuries impact your daily activities, and any sleep disturbances.
  • Be Honest and Specific: Do not exaggerate. Be specific in your descriptions. Instead of “my back hurt,” write “I had a sharp, stabbing pain in my lower back that made it difficult to stand for more than 10 minutes.”
  • This is For Your Case: Remember that this journal may be read by the insurance company and their lawyers, so keep it factual and focused on the impact of your injuries.

What to Include in Your Journal Entries

Your journal doesn’t need to be a literary masterpiece. The goal is to create a clear and consistent record. For each entry, include the date and then make brief notes in these key categories.

1. Physical Pain and Symptoms

This is the core of the journal.

  • Location and Type of Pain: Where does it hurt? Is the pain sharp, dull, aching, burning, or stabbing?
  • Pain Level: Rate your pain on a scale of 1 to 10.
  • Medications: Note any pain medications you took and whether they provided any relief.
  • Other Physical Symptoms: Document things like dizziness, headaches, nausea, or fatigue.

2. Emotional and Mental Impact

Your psychological recovery is just as important as your physical recovery.

  • Your Mood: Note any feelings of sadness, anxiety, frustration, anger, or depression.
  • Anxiety and Fear: Did you have a panic attack while driving? Did you feel a sense of dread about an upcoming doctor’s appointment?
  • Sleep Disturbances: Did you have trouble falling asleep because of pain? Did you have nightmares about the accident?

3. Impact on Your Daily Life

This section demonstrates your “loss of enjoyment of life.”

  • Activities You Missed: “I couldn’t go to my child’s soccer game today because my back was too sore to sit on the bleachers.”
  • Household Chores You Couldn’t Do: “I had to ask my spouse to carry the laundry because I can’t lift the basket.”
  • Social and Recreational Life: “I had to cancel dinner with friends because of a severe headache.”
  • Work: “I had to leave work early today because I couldn’t concentrate due to the pain.”

Tips for Keeping an Effective Journal

  • Use a Dedicated Notebook or App: Keep all your entries in one place.
  • Be Consistent: Try to write something every day, even if it’s just “Pain level was a 3/10 today. Had a decent day.”
  • Be Honest and Don’t Exaggerate: Your credibility is paramount. If you have a good day with little pain, write that down. It makes the bad days you document even more believable.
  • Keep it Private: This journal is for your case. Do not post excerpts on social media or share it widely. Share it only with your attorney.

A well-kept pain and suffering journal can be the difference-maker in your settlement negotiation. It provides the specific, human details that force an insurance adjuster to see you as a person, not just a claim number. If you’ve been injured in an accident in the Tacoma area, start your journal today. Then, search the Car Accident Lawyer Directory Tacoma to find a trusted local attorney who can use that evidence to fight for the full compensation you deserve.

 

 

References

  • Washington Pattern Jury Instructions (WPI 30.01.01) – Measure of… Noneconomic Damages:The official instruction for juries, which lists “emotional distress” and “pain and suffering” as key damages. A journal is primary evidence for these categories.

    https://www.courts.wa.gov/superiori/pattern_jury_instructions/WPI%2030.01.01%20Measure%20of%20Economic%20and%20Noneconomic%20Damages%20-%20Personal%20Injury%20-%20Adult.pdf

  • NOLO – “Using a Personal Injury Journal to Document Your Accident Claim”:A reputable legal resource for consumers that provides a detailed guide on the importance and best practices of keeping a pain and suffering journal.

    https://www.nolo.com/legal-encyclopedia/using-personal-injury-journal-document-accident-claim-32421.html

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We hope that through this article, you have a better understanding of your situation after a car accident and feel that you are not alone. The most important part of your recovery is protecting your rights with the right information.

If you need to connect with an expert who will listen to your story and fight on your side, find the best car accident lawyers in Tacoma through a free consultation at the Car Accident Lawyer Directory Tacoma.

 

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