I've rejected a lot of advice because of how I feel about the person giving it rather than the advice itself.

At some point in time an attorney I didn’t like or respect told me it was essential for clients to keep “pain diaries.”

So I decided that we’d never ask clients to keep them.

Maybe my resolve is fading. Or I’m maturing. Either way, I’m reversing course and will start asking clients to keep a more modern version of the “pain diary.”

I’ve decided it’s really important for just about every type of injury. (But can see special significance when it comes to brain injury. There may be others as well.)

The most obvious change is the title: Symptoms/Experiences Journal. (I don’t really want the focus to be on pain.)

People get tired of hearing about pain itself. What they really want to hear about (and what should be recorded) is not just the symptom but how it affected the person.

That helps avoid using pain scales (which either aren’t believed or are manipulated by the defense). Pain scales were at least a secondary reason I balked at having clients keep pain diaries.

Motivation also comes from my own UIM claim.

I sent updates to my insurance company after significant events, when I had insights, etc.

When it came time to put together a demand letter, I was able to review all of the updates. There was a lot of information there that I would have either forgotten or misremember. (It was also interesting to see how the perspective of time changed my view on some things (versus perception in the moment).)

Going forward I’m asking all clients to keep a Symptoms/Experience Journal that includes observations, anecdotes, examples, etc. I’m less interested in things like pain than I am the limitations that it causes. Or with memory problems, not just the fact that you forgot something but what impact that had on you or your family.

Example: I forgot that I dropped the car off for service yesterday. Impact: We woke up this morning and I wasn’t able to take my son to his piano recital.

Example: I tried to do math in my head and came up with the wrong answer. Impact: We ended up sending a Venmo payment for almost twice what we owed. This caused a big fight with my wife about whether or not we should try to claw it back or just absorb it.

If you’re a client and use Notes I think sharing the Symptoms/Experience Journal with me would be a great way to keep me updated in real time.