Any time someone is considering the possibility of pursuing a lawsuit for injuries, they should also consider what types of evidence they wish to preserve in order to present and support their claim.  That may include photographs, video recordings, medical records, and accident or incident reports, to name a few. 

One of the most common ways of establishing the nature and extent of injuries and damages in lawsuits, however, is testimonial evidence.  Testimonial evidence is simply evidence that is provided by way of a witness’s testimony before a trier of fact, either a judge or a jury.  Testimonial evidence generally requires that the witness observed and/or experienced some thing or some event and then is able to recall that thing or event with enough specifics that they can tell the judge or jury about what they experienced or saw.   In other words, they tell their story of what happened.

As humans, when we experience tragedy or a catastrophic event, while we are going through that experience, it feels like that event is being burned into our memories and that we could not possibly forget what we are seeing and experiencing.  Fortunately or unfortunately, depending on your perspective, those memories can sometimes fade faster than we would expect, resulting in a memory that is more of a blur than a specific recollection of discrete details of the event or experience.  How can we guard against that from happening if we may need to remember the details of an event or experience years later in a deposition or a courtroom?

The best way to preserve your recollection of events in anticipation of a lawsuit is to document those events in a journal or diary.  Noting particular days and times as well as specific events and the feelings and emotions that accompany those specific events, is a great way to preserve those memories and can act to refresh your recollection later on when your memory starts to fade.  Such journals and diaries can help the witness recall events and emotions in much greater detail than might otherwise be possible without the help of a contemporaneous record.

So, if you are thinking about potentially pursuing a lawsuit for injuries suffered by you or a loved one, help your future self out by documenting your experiences when the events are fresh in your mind.  Those notes may prove invaluable years later when it is your turn to tell your story.