Why Consistency Matters in Your Injury Testimony

From the moment you are injured, you begin telling a story. You tell it to the police officer at the scene, to the EMT in the ambulance, to the emergency room doctor, and later, to insurance adjusters and your own physicians.

Each time, you recount the events of the accident and describe the pain you feel. You might think these are just conversations, but they are much more in the context of a personal injury claim.

They are pieces of your official testimony. Every version of your story is recorded, documented, and scrutinized. This is why consistency matters in your injury testimony.

The slightest variation, the smallest contradiction, or a seemingly innocent omission can be magnified by an opposing insurance company and used as a powerful weapon to attack your credibility, devalue your suffering, and deny you fair compensation. Speaking with an experienced Oakdale personal injury lawyer can help you protect your rights and present a strong, consistent case.

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Key takeaways

Your credibility is the single most important asset in your personal injury case. Any inconsistency in your testimony, no matter how small, can be used to destroy it.
"Testimony" includes more than just what you say in court; it is every statement you make to police, doctors, insurance adjusters, and in legal documents like interrogatories.
Insurance companies are trained to compare every version of your story, looking for contradictions about the accident's cause, the severity of your pain, or your physical limitations.
A common mistake is downplaying your pain to a doctor or on social media, which directly contradicts your legal claim that you are seriously injured.
Working with an attorney from the beginning helps you present a clear, consistent, and accurate account of your experience across all platforms, protecting your credibility from day one.

Your Credibility: The Foundation of Your Entire Case

A personal injury claim is built on a foundation of trust. For a judge, a jury, or even an insurance adjuster to award you fair compensation, they must believe you. They must believe your account of the accident, they must believe your description of your pain, and they must believe your explanation of how the injury has impacted your life. Your credibility is the bedrock of this trust.

That foundation begins to crack when your story changes, even in minor ways. The other side will not see it as a simple mistake or a lapse in memory. They will frame it as a deliberate attempt to deceive.

They will argue that if you cannot keep the small details straight, your entire claim must be exaggerated or fabricated.

What Qualifies as "Testimony"?

Many people believe "testimony" is something that only happens in a courtroom under oath. This is a dangerous misunderstanding. In the context of an injury claim, your testimony is a continuous record that begins the moment the accident happens.

Your official testimony is a collection of every statement you have made about your accident and injuries.

Statements to law enforcement. What you tell the responding police officer becomes part of the official accident report.
Communications with medical professionals. Your accident description and symptoms are recorded in your medical charts at every visit.
Conversations with insurance adjusters. Any recorded or written statement you provide to any insurance company is a permanent part of your claim file.
Written legal documents. Your answers to formal legal questions called interrogatories are a sworn part of your testimony.
Depositions. This is a formal, out-of-court session where you answer questions from the opposing attorney under oath.
Social media posts. Your posts, comments, photos, and check-ins are a form of public testimony about your well-being and activities.

Insurance companies and their lawyers will gather all of these pieces of your story and lay them side-by-side, hunting for a single point of inconsistency.

Common Areas Where Inconsistencies Can Destroy a Claim

Inconsistencies often arise unintentionally from the stress and confusion that follow an accident. However, the insurance company will always assume the worst. They will exploit these discrepancies in several key areas to undermine your case.

Contradictions about how the accident happened

Your memory of a traumatic event can be hazy, and it is natural for your recall to sharpen over time. However, this can create problems.

Example: At the scene, you tell the officer you "didn't really see" the other car. A month later, you tell the insurance adjuster you "saw them run the red light." The opposing lawyer will argue that you invented the story about the red light after the fact to strengthen your case.

Inconsistencies regarding your injuries and pain

This is the most common and most damaging area for contradictions. People often try to be stoic or downplay their pain in different settings, which can be devastating to a legal claim.

Example: You tell your physical therapist that your back pain is a "3 out of 10" because you are trying to be tough and show progress. In your deposition, you state that your back pain is a constant "8 out of 10." The defense attorney will use the therapist's notes to paint you as a liar who exaggerates for financial gain.

Discrepancies about your physical limitations

Your claim for damages is based not just on your pain, but on how that pain limits your ability to live your life. Any action that seems to contradict these limitations will be used against you.

Example: You testify in your deposition that your shoulder injury prevents you from lifting more than ten pounds. The insurance company hires a private investigator who gets a video of you carrying a full bag of groceries from your car. This single piece of footage can destroy your entire claim for loss of enjoyment of life.

The Role of Medical Records in Your Testimony

Your medical records are one of the most important forms of testimony in your case. What you tell your doctors, therapists, and nurses is recorded in your chart and becomes a permanent, legal record of your condition.

The danger of downplaying your pain to a doctor

Many people feel uncomfortable "complaining" to their doctor at every visit. They might say they are "doing okay" or "feeling a little better" when they are still in significant pain. This is a catastrophic mistake.

The insurance company will obtain these records and point to the doctor's note that says "patient reports improvement." They will argue that your current claims of severe, ongoing pain are a recent fabrication.

You must be completely honest and thorough with your medical team at every single appointment. To maintain consistency and build a strong medical record, follow these simple rules.

Be specific about your pain. Instead of saying your back hurts, describe exactly where it hurts, what the pain feels like (sharp, dull, radiating), and provide a consistent 1-10 pain score.
Connect your pain to your limitations. Explain how the pain affects you. Say, "My neck is so stiff that I cannot check my blind spot when I drive," or "My knee pain prevents me from walking up the stairs in my home."
Do not omit any symptoms. Mention every ache and pain, even if it seems minor. A "small" headache could be a symptom of a larger traumatic brain injury that needs to be documented from the start.
Report the accident consistently. Each time you see a new doctor, tell them your injuries started on the date of your specific car accident or fall. This reinforces the link between the negligent act and your harm.

Your medical records should tell the same consistent story as your legal testimony. An attorney can review your documents to identify any potential inconsistencies and help you prepare to explain them.

Legal Proceedings: Where Consistency Is Put to the Test

As your case progresses, you will encounter formal legal proceedings where your testimony is recorded under oath. These are high-stakes events where the opposing counsel's primary goal is to catch you in a contradiction.

Interrogatories: Your story in writing

Interrogatories are a list of written questions the opposing attorney sends that you must answer in writing, under oath. Your answers must be precise, accurate, and completely consistent with all your prior statements.

An attorney will help you craft these answers carefully to ensure they are truthful without providing any unnecessary information that could be used against you.

The deposition: A formal interrogation

A deposition is a question-and-answer session where you are questioned by the opposing lawyer in front of a court reporter, who creates a verbatim transcript. This is often the most critical event in a personal injury case. The defense lawyer will ask questions for hours, covering the accident, your medical history, your injuries, and the impact on your life. They will compare your live answers to everything you have said before—the police report, your medical records, your interrogatories—hoping to find a single slip-up.

As detailed in procedural rules, like the Federal Rules of Civil Procedure, this testimony carries the full weight of the law. A lawyer's most important job is to prepare you for this ordeal, practicing your testimony and ensuring you are ready to deliver a consistent and credible account.

FAQ for Why Consistency Matters in Your Injury Testimony

I don't remember the details of the accident perfectly. What should I do?

It is perfectly acceptable and, in fact, much better to say, "I don't remember" or "I'm not sure" than to guess or speculate. A guess that turns out to be wrong is an inconsistency. An honest admission that you do not recall a specific detail is a sign of a credible witness. Never invent an answer to fill a gap in your memory.

What if I made a mistake in my initial statement to the police because I was in shock?

This is a common issue. The best way to handle it is to address it head-on with the help of your attorney. Your lawyer can explain that your initial statement was made under duress and that your memory became clearer after the shock wore off. Attempting to hide the inconsistency is far more damaging than explaining it honestly.

My doctor's notes are not accurate. They say I'm improving when I'm not. What can I do?

You have the right to request an amendment to your medical records. You can write a formal letter to the doctor's office or hospital explaining the inaccuracy and asking for a correction or an addendum to be added to your file. Your attorney can assist you with this process to ensure your medical record accurately reflects your condition.

If you testify that you have a serious back injury that prevents you from enjoying life, but your public Facebook profile shows pictures of you on a boat or at a concert, the defense will use this as direct evidence that you are lying.

They will argue that your social media "testimony" contradicts your legal "testimony." The safest course of action is to stop using all social media until your case is resolved.

Building a Consistent Narrative with a Legal Advocate

You are not expected to be a perfect witness. The law does not require you to have a flawless memory of a traumatic event.

However, the legal system demands that you be credible. The key to preserving that credibility is maintaining consistency in every statement you make.

This is a challenging task to manage alone while you are also trying to recover from your injuries. An experienced legal team does more than just file paperwork.

The attorneys at Tyroler Leonard Injury Law, Isaac Tyroler and Rachel Sperling Leonard, understand that your credibility is the heart of your case. We work closely with our clients throughout Minnesota and Wisconsin to build a consistent, powerful, and undeniable narrative.

From our offices in Minneapolis, Oakdale, and Willmar, we prepare you for every step of the legal process, protecting your story from the attacks of insurance companies.

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Call our office today at (65-259-1113 or complete our online contact form for a free, no-obligation consultation to learn how we can help you present the strongest case possible.