Personal Injury Law

New York Personal Injury Cases--Documentation Is Essential

By Mark Siesel, Esq.

When you have been injured in a New York car crash, or slip and fall accident, fallen off a ladder or scaffold on a construction site, or been the victim of a dangerous product or medication, it is vital that you document your accident and injuries. Previously, we have written about the importance of reporting your accident and obtaining a copy of the accident report from the owner of the premises and we discussed getting the names, addresses, and phone numbers of witnesses. In prior blogs, we also stressed the importance of taking photographs, for example, of the defective sidewalk or step; the damage to your car before it is totaled or repaired; the dog that bit you, and of course, your injuries from the accident.

Another excellent type of documentation is to maintain a diary of the following: the hospital and medical treatment you underwent; the type of pain you experience on a daily basis, and what activities bring the pain on or exacerbate your suffering; your inability to perform activities of daily living due to your injuries (and identifying the people who must do these activities instead regarding household chores or maintenance); and how the accident has affected your enjoyment of life. This is instrumental when you must give testimony at a deposition or trial (often months or a couple of years after the events) as to treatment, pain and disability, and the toll the accident has taken on your life. These are the most important elements a jury will consider when deciding how much to award for your damages, so keeping a diary is a very smart way to improve your chances of a successful outcome at trial or a more substantial settlement before trial.

Full post as published by New York Legal Blog on September 22, 2009 (boomark / email).