The Importance of Documentation Through a Brain Injury

by | Dec 8, 2022 | Brain Injury | 0 comments

When it comes to building a brain injury case, documentation is everything. Documentation is the foundation of proof for your case and ultimately helps show the full impact your brain injury has had on your life.


Brain injuries are unfortunately one of the most misdiagnosed injuries we deal with and getting compensation without the right documentation can be difficult, but we’re here to help by providing you with everything you need to know about what we mean by documentation after a brain injury. 


What Information Should I Document Immediately After My Accident?


When working on a brain injury case the more information we have, the better. Everything you are able to provide about your accident helps us show the insurance companies how your quality of life has been affected. There are several key pieces of information that we will need to make sure your case has everything it needs to be successful. 


The first pieces of the puzzle we need can be answered after the accident takes place such as:


  1. Where Were You When The Accident Took Place? 
  2. How Did the Accident Take Place? 
  3. What Took Place After the Injury
  4. Were You Knocked Unconscious 


Once these questions are answered it’s important to take pictures of where the accident occurred, and any visible injuries you have. If you are unable to take these pictures for yourself, ask someone you trust to take care of it for you. Once that is done take note of any witnesses that were there when the accident took place. If you are unsure of who is there, ask for their name and contact information so your attorney and/or the police can reach out to them for their statement. 


Each of these pieces of information are vital in providing the courts and the insurance company with a broad scope of what took place during your accident and how it impacted you. 

Should I Seek Medical Care After My Accident? 


Once you have documented everything you can about the accident, it is time to see a medical provider. Obviously, if you have a major injury, go to the hospital and seek medical care right away.  f it’s a closed head injury with no signs of injury, or bleeding, you may not feel as though your accident was severe enough to justify a trip to the emergency department or your medical provider, and may try to chalk any pain, discomfort, headaches or vision changes as a result of whiplash. 


The truth is that brain injuries are severely under diagnosed because symptoms are not reported immediately after your accident. Visiting a medical provider will at least get your symptoms documented so if a brain injury has occured, there is documentation about when the symptoms started.  You may not be diagnosed with a brain injury right away even when you are seen, as it can take time for doctors (and yourself) to see changes in your behavior or life that raise red flags. It’s important to be seen after the accident to start the process of documentation and to ensure that you do not have any urgent medical issues that need to be tended to. 


If you are concerned about the cost of seeing a medical professional after an accident, do not let that keep you from getting the help and documentation you need. If you are in a car accident your medical bills, up to $3,000.00, are covered by your personal injury protection insurance (PIP), and any other bills that are accumulated throughout your ongoing medical care will be included in your claim. 


Documentation in the Days, Weeks and Months After an Accident


Documentation doesn’t end once you are seen after your accident, because insurance companies will do whatever they can to undermine your injuries to settle your claim for the smallest amount of money possible. 


The best thing you can do is compare how you were prior to ever being in your accident to how you are today and the changes you and your family are noticing such as: 


  • Prolonged Headaches That Will Not Go Away 
  • Brain Fog (Forgetfulness)
  • Struggling to Find Words
  • Difficulty Processing Information 
  • Difficulty Remembering Details Like you Used To (Take the Dog Outside at a Certain Time, What Time Church Starts, What Day it is)


Even if pain and stiffness in your neck and body resolve, it’s important to document and to seek medical treatment and make sure any changes are documented by your medical provider. For a piece of mind you can also keep a notebook of the changes and concerns you and your family have noticed and brought forward to your doctor.


Why is Documentation SO Important? 


Insurance companies are not your friends, and they do not have your best interest at heart. They will do whatever they have to do to undermine the severity of your injuries and create doubt that the injuries resulted from your accident. They will look at your family history, your medical history, and so much more to try to pin your injuries on anything BUT the accident. 


As your personal injury attorneys it’s our job to make sure we pull all of the details of your case together to avoid having the insurance companies try to put you through the ringer. Every piece of documentation you are able to provide creates a stronger case where we are able to show the major impact your injuries have had on your life. 


Without the proper documentation cases can fall apart, this is why having an experienced personal injury attorney in your corner immediately after your accident is so important. We will instruct you on exactly what documentation we will need to go against the insurance companies for you, while you focus on healing from your injuries. 


If you or someone you know has a brain injury, caused by another persons negligence, you are not alone. Contact us today to schedule your FREE consultation with one of Utah’s Best Trial & Personal Injury Attorneys. You can count on us to take your case seriously, and want you to walk away knowing that we have your back and that your case and claim is going to be taken care of while you focus on getting better.  


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