Posted on Saturday, October 12th, 2024 at 9:00 am
Accidents and injuries can leave a lasting physical, emotional, and financial impact on victims. To recover compensation for an injury’s impact on your life, you must have sufficient evidence of the accident, your injuries, their impact on your life, and that another party was at fault. You should memorialize in writing the necessary information to accomplish this.
What Does Memorialize Mean in Legal Terms?
To memorialize something means to formally record it for future reference. In a legal context, this typically involves creating written records of events, conversations, or experiences that could serve as evidence in court or during settlement negotiations.
Memorializing an accident or injury means writing down everything you remember about the event as soon as possible while the details remain fresh.
The process of memorializing isn’t limited to what you personally remember about the accident. It can also include records of conversations with witnesses, medical evaluations, and financial documents that show the expenses associated with your recovery.
Your attorney will use these written accounts as a jumping-off point for building your legal case and protecting your right to seek compensation.
Why Should You Memorialize Information After an Accident or Injury?
Memorializing information after an accident or injury is essential for several reasons. First, memory is pretty unreliable and fades over time. As details become blurry, it can lead to inconsistencies in your account of the incident that could undermine your credibility in legal proceedings.
Writing everything down as soon as you can will help preserve your memory of the incident as accurately as possible.
Second, written records can provide a timeline that helps attorneys and insurance companies understand the sequence of events. For example, in a slip-and-fall case, there may be questions about whether a wet floor sign was placed near the hazard before or after you fell. Your written account of the incident can make it clear that the sign was not there until afterward.
Finally, memorialized records can help you build a strong case for receiving compensation by providing evidence of how the accident and your injuries affected you physically, emotionally, and financially.
Memorializing the Accident
The accident itself is one of the first things you should memorialize in writing. Write down everything you remember about it, focusing on the “who, what, when, where, and how” of the situation. These details may play a significant role in determining liability by creating a clear narrative of what happened:
- Who – Write down the names of everyone involved in the accident, such as vehicle drivers and passengers, store managers and employees, property owners and managers, witnesses, and responding law enforcement officers.
- What – Record the specific events leading up to the accident. What were you doing before the accident occurred? Were there any external factors that contributed to the incident?
- When – Document the time and date of the accident. This will help establish important details and the timeline of events.
- Where – Write down the accident’s location, such as street names, business names, addresses, etc.
- How – Describe how the accident occurred and be specific about the sequence of events. For example, if you were in a car accident, note how fast you were going, what direction you were heading, whether you saw the other vehicle or hazard before the crash, and what you did in response.
Memorializing Your Injuries
Next, document any injuries you sustained as a result of the accident. Even if your injuries seem minor at the time, they can worsen or become more prominent over the following days or weeks. This is especially common with internal injuries.
Start by taking photographs of visible injuries and continue updating these photos as your injuries heal or worsen. With each photo, write a sentence or two about your pain levels and other physical symptoms you’re experiencing.
In addition to taking photos, keeping a journal tracking your treatment process is a good idea. This journal should include:
- Medical Diagnoses – Take notes on the injuries and conditions your treating doctors diagnose you with and the treatments they prescribe.
- Treatments Received – Record all the treatments you received, including hospital visits, surgeries, and follow-up care.
- Ongoing Symptoms – Record any ongoing physical pain or discomfort associated with your injury. Document these limitations if the injury impacts your ability to work or engage in daily activities.
Memorializing Conversations
You should note your conversations about the accident with other parties involved, witnesses, police officers, insurance adjusters, and medical professionals. These conversations can provide critical information about the incident, medical advice you should follow, and even how the insurance company views your case.
It’s also worth noting that other parties, especially insurance companies, will also be taking notes about their conversations with you. You should be careful with what you say by avoiding admitting fault for the incident.
Under Utah’s comparative negligence statute, your award or settlement compensation could be reduced by your degree of fault. If you’re found to be 15 percent at fault for the incident, the courts will only allow you to recover 85 percent of your awarded compensation. Insurance companies will also take this reduction into consideration when making settlement offers.
Memorializing Your Financial Losses
Finally, you should memorialize your financial losses. This includes keeping track of your medical expenses, lost wages, and damage to personal property. These records will play a vital role in calculating the compensation you seek through your insurance claim or personal injury lawsuit after the accident.
Your attorney can help you accurately account for your financial losses so you don’t leave any owed money on the table.
Contact a Utah Personal Injury Lawyer
If you suffered an injury in an accident caused by someone else’s negligence in Utah, call London Harker Injury Law at 77CARCRASH or contact us online for a free consultation with one of our experienced Utah personal injury lawyers. We’ll go over your case, review your legal options, and help you begin to memorialize the accident in writing. Our attorneys have the legal knowledge and proven record of success to help you with your case.
