What Happens If Your Own Records Contradict Your Personal Injury Claim?

When your medical, employment or social media records appear to tell a different story.

When you make a personal injury claim, you will usually be asked to provide information and evidence about your injury, what happened, your medical history and the effect the accident has had on your life.

That evidence can include medical records, GP records, hospital records, employment records, accident reports, benefit records, previous claims, witness statements and other documents.

Sometimes, however, those records do not appear to tell exactly the same story as the account you have given.

You may discover that a medical record refers to an earlier injury that you had forgotten about. An employment record might suggest that you were working when you remember being unable to work. A GP note might describe your symptoms differently from how you later remember them. Or a record may contain an inaccurate or incomplete entry.

This can be worrying.

It does not necessarily mean that you cannot make a successful personal injury claim.

However, contradictory evidence needs to be identified, understood and dealt with properly.

At Aston Knight Solicitors, we have experience dealing with complex personal injury claims where the evidence is not straightforward. We understand that difficult evidence should not simply be ignored. It needs to be investigated and put into its proper context.

What types of records can contradict a personal injury claim?

There are many different sources of information that may be considered during a claim.

These can include:

• GP and hospital records
• A&E records
• medical reports
• employment records
• sickness and absence records
• occupational health records
• DWP records
• previous claims
• accident reports
• witness statements
• financial records
• photographs
• CCTV
• text messages and emails
• social media posts

A contradiction can be something significant, such as a record suggesting that an injury existed before the accident.

It can also be something much more subtle.

For example, a Facebook post might appear to show someone carrying out an activity which the Defendant argues is inconsistent with the symptoms they describe.

An employment record might contain a note suggesting that an employee was working when they say they were unable to work.

A medical record might refer to previous symptoms affecting the same part of the body.

None of these things should simply be ignored. But neither should they necessarily be taken at face value without understanding the circumstances in which the record was created.

Why can contradictory evidence cause problems?

A personal injury claim is ultimately determined on the evidence.

The Defendant and, if necessary, the court will consider the available evidence when deciding issues such as:

• what happened;
• who was responsible;
• what injury was caused;
• whether the accident caused or contributed to the symptoms;
• how serious the injury was; and
• what financial losses have resulted.

If different pieces of evidence appear to tell different stories, questions about credibility and causation may arise.

For example, if someone claims that an accident caused significant shoulder problems, but their medical records show shoulder symptoms before the accident, the Defendant may argue that the accident did not cause the injury.

Likewise, if a claimant says they were unable to work for a particular period but employment records suggest that they attended work, the Defendant may challenge their evidence about their losses.

The answer is not necessarily to abandon the claim.

It is to investigate the apparent contradiction and establish what the evidence actually means.

Records do not always tell the whole story

One of the dangers in litigation is taking a single document or entry out of context.

A medical record is generally created for the purpose of treating a patient, not for the purpose of preparing evidence for a future legal claim.

An employment note may have been made for an entirely different reason.

A social media post may show someone attending an event without demonstrating what they were physically capable of doing.

The fact that a person was able to leave the house does not necessarily mean that they were free from pain.

The fact that someone returned to work does not necessarily mean that they had fully recovered.

And the fact that a medical record does not mention a particular symptom does not necessarily prove that the symptom did not exist.

This is why experienced legal analysis matters.

The evidence needs to be considered in context and as part of the overall picture.

A real Aston Knight case: £51,000 settlement after potentially damaging evidence was identified

A good example of the importance of properly investigating difficult evidence is a personal injury claim involving a client who suffered a shoulder injury while travelling as a passenger in a car accident.

The client had initially instructed another local firm of solicitors.

The Defendant’s solicitors subsequently challenged the claim and raised allegations about the client’s honesty.

During the course of the dispute, potentially damaging evidence was identified, including Facebook posts and information contained within the client’s employment records.

The Defendant’s position was that this evidence was inconsistent with aspects of the client’s account.

The case had therefore become considerably more difficult.

The client’s original solicitors decided that they could no longer assist him and closed their file. He was left facing ongoing court proceedings at a time when the Defendant’s solicitors had become increasingly confident in their position.

Aston Knight took a different approach

The client subsequently approached Aston Knight Solicitors.

The case was reviewed by our senior solicitor, James Winterbottom, together with another senior member of the Aston Knight team.

Importantly, we also met the client face-to-face and listened carefully to his explanation of the evidence and the circumstances surrounding the claim.

The case was not straightforward.

There was potentially damaging material that needed to be considered, including the Facebook posts and employment records. But rather than simply accepting the Defendant’s interpretation of that material, we looked at the evidence in the context of the case as a whole.

We considered the chronology, the client’s account, the medical evidence and the wider circumstances. Our assessment was that, despite the difficulties that had developed, the claim could still be successfully defended and pursued.

The fact that another firm had decided to close its file did not, in itself, determine whether the claim was capable of succeeding.

Turning around a difficult claim

The case had been left in a particularly difficult position.

The Defendant’s solicitors had already raised allegations of dishonesty and had gained confidence from the fact that the client’s previous solicitors were no longer acting.

The challenge was therefore not simply to continue the claim.

The evidence had to be examined carefully and the Defendant’s position addressed.

Ultimately, the claim was resolved with an overall settlement of £51,000, including the client’s legal costs.

The case demonstrates an important point about difficult personal injury claims:

An apparently damaging piece of evidence is not necessarily the end of the case.

It needs to be understood.

What if your own records really do contradict you?

Sometimes the evidence will genuinely create a problem.

Your solicitor should not tell you otherwise simply to give you reassurance.

If your records show that you had a previous injury, that needs to be considered.

If you returned to work earlier than you initially remembered, that needs to be addressed.

If a social media post appears inconsistent with your account, your solicitor needs to understand the circumstances.

And if there is an error in a record, that should be identified and dealt with appropriately.

The key is honesty and early investigation.

Trying to hide potentially difficult evidence can cause considerably more damage than acknowledging it and explaining it properly.

What should you do if you discover a contradiction?

If you are concerned about something contained within your records, tell your solicitor.

Do not wait for the Defendant to discover it.

Your solicitor can then consider:

What does the record actually say?

Sometimes an apparent contradiction is caused by wording that has been misunderstood or taken out of context.

When was the record created?

The timing of an entry may be important.

Why was it created?

A medical record, employment record and social media post have very different purposes.

Is there other evidence that explains it?

One document should generally be considered alongside the rest of the evidence.

Does it genuinely contradict your case?

An apparent inconsistency and a genuine contradiction are not necessarily the same thing.

What does the medical evidence say?

In many cases, expert medical evidence will be important when considering whether an accident caused or aggravated an injury.

The importance of being completely honest with your solicitor

If you have suffered an injury, you should give your solicitor an honest account of your circumstances.

Tell them about previous injuries.

Tell them about previous claims.

Tell them about relevant medical treatment.

Tell them if you have returned to work.

Tell them about anything you have posted on social media that may become relevant.

And tell them if you think there is something in your records that does not support your account.

Your solicitor cannot properly advise you if they do not know the full picture.

At Aston Knight, we would much rather identify a difficult piece of evidence at the beginning of a case than discover it later when the Defendant has already raised it against our client.

The Aston Knight Difference

Aston Knight Solicitors is a specialist personal injury and clinical negligence firm based in Bury, Greater Manchester. We are not a high-volume firm seeking to take on every case.

We focus on providing specialist advice and a personal service, particularly where a case involves difficult evidence, complicated medical issues or circumstances that require detailed investigation.

Our experience includes cases that have previously been rejected, questioned or considered too difficult by other firms.

That does not mean that every rejected claim can be won.

It means that we are prepared to look properly at why the claim was rejected and whether the evidence has been fully understood.

As this £51,000 case demonstrates, the difference can sometimes be significant.

A message from our Managing Director

“In difficult litigation, there can be a temptation to focus on one piece of evidence and assume that it determines the entire case. That is rarely the right approach. We need to understand what the evidence actually shows, why it says what it does and how it fits with the rest of the evidence. At Aston Knight, we want to identify the difficulties in a case early and deal with them properly. Sometimes that means telling a client that a case is not viable. On other occasions, careful investigation can reveal that a case which appears to have serious problems can still succeed.”

Ayoub Khan, Managing Director, Aston Knight Solicitors

Have you been told that your claim cannot succeed?

If another solicitor has rejected your personal injury claim, closed your file or told you that evidence makes your case too difficult, you may wish to obtain specialist advice.

A second opinion cannot guarantee that a claim will succeed.

However, it can help establish why the claim was rejected and whether the evidence has been properly investigated.

At Aston Knight Solicitors, we have a particular interest in complex and rejected personal injury claims.

If you are concerned about your medical records, employment records, social media or other evidence, contact Aston Knight Solicitors to discuss your circumstances. We may be able to help.

Frequently Asked Questions

Can contradictory records mean I cannot make a personal injury claim?

Not necessarily. The significance of the contradiction will depend upon what the record says, why it says it and how it affects the wider evidence.

What if my employment records contradict my account?

Your solicitor should investigate the records and establish what they actually show. There may be an explanation for an apparent inconsistency.

Can Facebook posts be used against me in a personal injury claim?

Potentially. Social media posts can form part of the evidence in litigation. You should assume that relevant social media material may be scrutinised during a claim.

What if I had an injury before the accident?

A previous injury does not automatically prevent you from making a claim. The important issue may be whether the accident caused a new injury, aggravated an existing condition or caused a deterioration.

Should I tell my solicitor about evidence that could damage my case?

Yes. It is important to be completely honest with your solicitor. Knowing about difficult evidence allows your solicitor to investigate it and advise you properly.

Can I get a second opinion if another solicitor has rejected my claim?

In appropriate circumstances, yes. A specialist second opinion may help establish whether the claim has been properly assessed and whether further investigation is justified.

Contact Aston Knight Solicitors

If you have suffered a personal injury and are concerned that your own records may contain information that appears to contradict your claim, do not assume that your case is over.

The first step is to understand the evidence.

At Aston Knight Solicitors, we believe that difficult cases deserve careful investigation.