Volume 2: The Post-Accident Evidence Playbook

Four general forms: Daily Pain & Symptom Log, Photographic Checklist, Witness-Statement Template, Treatment & Bills Log. The kind of packet many personal-injury clients find helpful.

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From The Simon Law Group Field Guides

The first days after a New Jersey accident are often when much of the evidence tends to be preserved or lost. By the time an insurance adjuster calls, they may already have the police report, photographs from their own adjuster, and the statement given at the scene. What you have, if anything, can depend on what was gathered between the impact and the next medical visits.

This playbook reflects the general set of forms many Simon Law Group personal-injury clients find helpful. Many people find it helpful to start soon and to reach out before long, so counsel can look at deadlines, evidence preservation, and possible next steps. There is no charge, no email required to view it on this page, and no obligation to retain our firm. We are reachable at (800) 709-1131.

Why these forms work

As a general matter, New Jersey Rules of Evidence 803(c)(1), (c)(3), (c)(5), and (c)(6) identify hearsay exceptions that may be relevant to contemporaneous records of pain, mental state, observations, and regularly kept records. Whether any entry is usable depends on foundation, context, and the purpose for which it is offered. An insurer will sometimes question whether injuries are exaggerated, inconsistent, or pre-existing. A dated, daily log written in one's own hand (or typed on a phone with timestamps) tends to be a helpful way to speak to those questions.

What's in the playbook

Daily Pain & Symptom Log

A contemporaneous, dated record of pain location, intensity (0 to 10), medication use, sleep, work and household activities that were harder than usual, and emotional state. Records made close in time may be relevant under N.J.R.E. 803(c)(1) as a present-sense impression, 803(c)(3) as a then-existing mental, emotional, or physical condition, and 803(c)(5) as a recorded recollection, depending on foundation and context. Insurers often raise questions about credibility and gaps, and a steady log can help speak to those questions.

Many Simon Law Group personal-injury clients keep one from soon after the accident until medical treatment ends.

Photographic Evidence Checklist

A general list of scene, vehicle, injury, and follow-up photographs many people find helpful to capture, along with the angles and timing that tend to make them more useful. Photographs dated to the day of the accident can help establish the temporal sequence, and follow-up injury photos can help document how healing and any complications unfolded over time.

Smartphone cameras are generally fine; the idea is to capture what happened, not to buy special gear.

Witness-Statement Template

A short, structured form for witnesses to record what they saw, printed so a witness can sign it, dated to the day of the accident. It has room to capture vantage point, the few seconds before impact, the impact itself, and immediate post-impact observations. It tends to be most useful while memory is fresh and witnesses are still reachable, and a note made then may be considered as past recollection recorded under N.J.R.E. 803(c)(5) if the witness later cannot recall.

Witnesses move, change phone numbers, and naturally forget. The template is a way to capture an observation while it is still clear.

Treatment & Bills Log

A running ledger of provider visits, bills received, PIP submissions, and out-of-pocket costs paid. Many people find it helpful for the economic-damages part of a claim and for tracking which bills a PIP carrier has paid versus which remain outstanding, an area that relates to N.J.S.A. 39:6A-1 et seq.

Many accident clients underestimate their economic damages because they have no central record, and a single log can help.

How to use these forms

  1. Many people start soon. Even if the accident was weeks ago, it can help to write down what you remember, dated today, with a short note explaining the gap.
  2. Entries tend to be more useful when specific rather than dramatic. "Pain in lower right back, 6/10, took two ibuprofen at 9:15am, could not bend to load dishwasher" tends to read better than "Pain was unbearable." Specific detail is often what holds up if a record is questioned.
  3. A format with timestamps can help. A phone notes app, an email-to-self, or a paper notebook with the date on each entry: whatever you are likely to use day to day.
  4. Many people prefer not to share these notes with an insurer. Many treat the log as material for their own attorney's file rather than the adjuster's, and many also prefer to keep entries off social media.
  5. Some people continue notes until treatment ends. A log that stops after two weeks can read as recovery, while one kept over several months, with entries gradually improving as treatment progresses, tends to reflect how the injury actually unfolded.

Daily Pain & Symptom Log starter

This seven-day starter can be used directly from the page. Many people find it helpful to keep entries factual, dated, and made the same day whenever possible. If a day is missed, write the entry on the date it is actually made and note the gap, rather than filling it in as though it were written earlier.

Day / date Pain location and level Medication / treatment Activities limited Sleep / mood notes
Day 1
Date: 		Where did it hurt? Rate 0-10. What changed during the day? Medication, ice/heat, PT, doctor visit, brace, injections, or other treatment. Work, driving, lifting, childcare, housework, stairs, exercise, or errands you could not do normally. Sleep interruption, anxiety, irritability, concentration, missed events, or appetite changes.
Day 2
Date: 		Where did it hurt? Rate 0-10. What changed during the day? Medication, ice/heat, PT, doctor visit, brace, injections, or other treatment. Work, driving, lifting, childcare, housework, stairs, exercise, or errands you could not do normally. Sleep interruption, anxiety, irritability, concentration, missed events, or appetite changes.
Day 3
Date: 		Where did it hurt? Rate 0-10. What changed during the day? Medication, ice/heat, PT, doctor visit, brace, injections, or other treatment. Work, driving, lifting, childcare, housework, stairs, exercise, or errands you could not do normally. Sleep interruption, anxiety, irritability, concentration, missed events, or appetite changes.
Day 4
Date: 		Where did it hurt? Rate 0-10. What changed during the day? Medication, ice/heat, PT, doctor visit, brace, injections, or other treatment. Work, driving, lifting, childcare, housework, stairs, exercise, or errands you could not do normally. Sleep interruption, anxiety, irritability, concentration, missed events, or appetite changes.
Day 5
Date: 		Where did it hurt? Rate 0-10. What changed during the day? Medication, ice/heat, PT, doctor visit, brace, injections, or other treatment. Work, driving, lifting, childcare, housework, stairs, exercise, or errands you could not do normally. Sleep interruption, anxiety, irritability, concentration, missed events, or appetite changes.
Day 6
Date: 		Where did it hurt? Rate 0-10. What changed during the day? Medication, ice/heat, PT, doctor visit, brace, injections, or other treatment. Work, driving, lifting, childcare, housework, stairs, exercise, or errands you could not do normally. Sleep interruption, anxiety, irritability, concentration, missed events, or appetite changes.
Day 7
Date: 		Where did it hurt? Rate 0-10. What changed during the day? Medication, ice/heat, PT, doctor visit, brace, injections, or other treatment. Work, driving, lifting, childcare, housework, stairs, exercise, or errands you could not do normally. Sleep interruption, anxiety, irritability, concentration, missed events, or appetite changes.

This starter is not a substitute for medical care or legal advice. Many people bring the log to a consultation and keep the original version intact, since edits, gaps, and copied entries are often what an insurer looks at when questioning a record.

Accident Photo Checklist

It can help to take photos before vehicles move when it is safe to do so, then to keep documenting injuries, treatment, property damage, and expenses over time. As a general matter, it is generally wise not to step into traffic, trespass, or delay medical care for a photo.

Category Photos to capture Done
Scene overview Wide shots from each approach direction, traffic controls, lighting, weather, skid marks, debris, and final vehicle positions. Yes / No / Not applicable
Vehicle damage All four sides of every vehicle, close-ups of impact points, airbags, seatbelts, child seats, license plates, and interior damage. Yes / No / Not applicable
Roadway or premises condition Potholes, ice, liquid, broken steps, missing handrails, uneven surfaces, signage, cones, lighting, or blocked sightlines. Yes / No / Not applicable
Visible injuries Same-day photos, then follow-up photos every few days as bruising, swelling, scarring, or mobility limits change. Yes / No / Not applicable
Documents and people Insurance cards, registration, police incident number, business cards, witness contact cards, ambulance paperwork, and tow receipts. Yes / No / Not applicable
Follow-up proof Medication bottles, braces, casts, assistive devices, damaged clothing, repair estimates, and medical visit paperwork. Yes / No / Not applicable

Legal basis

Contemporaneous logs and records may implicate N.J.R.E. 803(c)(1) source (present sense impression), N.J.R.E. 803(c)(3) source (then-existing mental, emotional, or physical condition), N.J.R.E. 803(c)(5) source (recorded recollection), and N.J.R.E. 803(c)(6) source (records of a regularly conducted activity). For auto-accident claims, the verbal-threshold analysis under N.J.S.A. 39:6A-8(a) source can turn on whether a permanent injury exists within a reasonable medical probability, a question a daily log can help organize for counsel and medical providers.

Public-entity claims add a separate 90-day Notice of Tort Claim requirement under N.J.S.A. 59:8-8 source . Because timing can turn on the specific facts, many people find it worth raising these dates with an attorney early. As a general note, Simon Law Group does not handle medical-malpractice cases.

Download the printable PDF

A formatted, printable version of this playbook (including the 7-day symptom log, the photo checklist, the witness-notes template, and the treatment-and-expenses log) is free to download. No email address or payment required.

Download the PDF (free) →

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Reviewed by Erik Frins, Esq., Attorney, Personal Injury & Civil Litigation · May 2026

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