Nobody I have ever met wants to get injured. I tell clients all the time about the guy I represented who received what I’ve been told is a record settlement for his back injury. He basically became stuck in his home because moving around was so painful and then he died of a massive heart attack. I don’t know anyone that would want to switch places with him dead or alive.
But if you do get injured, even if you are hiring an attorney, you must be invested in seeing that your case goes well. This mainly includes being honest and listening to what your doctor tells you. It also includes communicating with your attorney any developments. Beyond that though there is a great way you can help your case.
I advise many callers and clients that they should keep a journal of everything that is going on with them. For some it’s therapeutic, but from a legal standpoint you can aid your case. Hopefully you never have to go to trial, but if you do it’s a great re-fresher for you. Your injury might occur in April of 2012, but you might not be on a witness stand for years depending on the issues in the case. While a witness might struggle to recall years old events, you can look very credible and feel sure about yourself by having jotted important details down.
For example, one of the defenses to an accident is that the employee failed to notify the employer about the accident within 45 days. We’ve seen plenty of employers lie through their teeth about this issue. It becomes a he said – she said situation. If you are able to tell the Arbitrator that you are sure of the precise details because you wrote them all down right away it will make you look good and help him/her realize that you are telling the truth which of course is what this all about.
In some cases we’ve heard of these journals/timelines being admitted in to evidence as they support testimony. Either way, keeping a journal can help you and it can also help your lawyer have a road map to your case.
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