The Importance of Record-Keeping

A little while ago, two of my closest friends were involved in a head-on collision with a drunk driver. Fortunately, everyone survived without major injury. However, this near-tragedy prompted two thoughts in my head: (1) I was not expecting to lose two close friends without warning; and, (2) how does an individual ensure an accurate description of the accident for litigation purposes.

To start, this accident reminded me of a lesson I thought I understood: each day is a gift to be treasured. In the midst of the “carpe diem” thoughts that raced through my mind, it reminded me of the importance of advanced health care directives and power of attorneys for individuals. Although many people believe such documents are money grabs by attorneys seeking to get rich off their hard work, the truth is that these documents are priceless once executed.

To further illustrate this point, if either of my friends were deemed brain-dead or incapacitated, a battle could have ensued with the hospital regarding the proper course of treatment. Without an advanced health care directive, individuals could face battles that rip her or his family apart regarding her or his proper course of treatment.

On a lesser, but equally valuable note, this accident prompted me to think about the task of record keeping once an accident takes place. Through the use of a smartphone, individuals can immediately record their memory of the accident, transcribe the contact information of any witnesses, and track their healing progress should any injuries result. Contemporaneous written accounts of an accident may be admissible for litigation purposes, and may also assist the drafter recalling her or his memory on the date and time in question.

While the police do tremendous work, they are human, and errors within a police report can increase the duration of time it takes to reach trial and/or settle the claims. More than that, it can lead to disputes with both insurance companies that delay the ultimate goal: recovery of your damages. By maintaining a record of any individuals that may have witnessed the accident or incident, you have a source to resolve any discrepancies or omissions that may arise in the police report. Finally, by maintaining a journal of one’s progress from the accident, an individual will be able to better gauge the true impact of the accident or incident in question on the individual’s life.

Although the pleasures of our modern world can make us feel invincible at times, one never knows when this moment will be her or his last. Life can change in a blink of an eye. If ever involved in an accident or potential litigious incident, accurate record-keeping is essential to protecting your interests. Should that accident or potential litigious incident require serious medical attention, advanced health care directives and/or a medical power of attorney will protect your family from a complicated battle regarding your best interests.

As spring rapidly approaches, please keep Huth Law Offices in mind for any estate planning or civil litigation needs you may have.