Keeping a Diary

While some lawyers may suggest you keep a pain diary on a day-today basis to record the problems you are having after an accident, the decision to have such a diary is really a personal decision. The difficulty with having such a diary is it focuses you on your problems, which is not a good thing psychologically. The advantage of having a diary is that you can refresh your recollection of the events after an accident when you are asked about them years later.

In terms of the diary, what you should do, as a minimum, is keep at least a calendar to show when you attended various appointments. The calendar should also note significant events that occurred after the accident such as when your back problems stopped bothering you, when you returned to work, etc…

Note that if the diary is not kept for litigation purposes or on the request of your lawyer, ICBC has a right to obtain a copy of the diary. Once ICBC gets the diary there can be plenty of evidence in it to be used against you in the injury claim. Therefore, only write a diary if your primary reason for doing so is to be used in the litigation process to advance your claim. If that is the purpose of the diary then “litigation privilege” falls over it and ICBC cannot compel production of the diary.