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Bodily injury may not become apparent for days or weeks after an accident. For this reason, even if it is uncertain whether a personal injury claim may ultimately exist, we suggest that accident victims keep a diary or log of their pain and/or other symptoms in the days and weeks following the incident. In litigation, it is not uncommon for a defendant to make the claim that “the victim must not have been injured because he/she did not immediately seek treatment for their pain.” Having a diary/log helps to document the progression of the pain/injury is a useful tool that will assist in overcoming this defense.
This article does not constitute legal advice or the formation of an attorney-client relationship, and is not for re-publication without express permission of the author.