How social media posts can impact personal injury compensation claims
As social media has become increasingly commonplace in our lives over the years, it is important to remember that posts can sometimes be used in unintended ways - including in claims for personal injury compensation. What are the risks which can arise from social media posts in claims for personal injury compensation?
It is common for defenders (opponents) in a personal injury claim to scour a claimant’s social media activity to check for posts which the opponent thinks it can use to its advantage. They may also look at the accounts of the claimant’s family and friends to try to find information of use to them.
What are opponents looking for?
Generally speaking, opponents are looking for two types of evidence:
- Firstly, has the injury been caused in a completely different way from the description given? There are some stark examples of blatant misleading being rightly uncovered. For example, one claimant being advised by another law firm alleged he had suffered a foot injury in an accident at work but on the same day he posted a clear description of an incident at home which caused the injury. The account he gave in the claim was completely contradicted.
- Secondly, is the claimant exaggerating their symptoms? For example, in a recent case in the English courts, a claimant stated that she had been unable to leave her house because of her injuries. However, she had posted on Facebook a picture of herself at a restaurant.
While social media posts have, in extreme cases, been used rightly to uncover dishonesty, such as a fictitious claim of an accident, the risks from social media use are not confined to those extreme examples.
Of course, the vast majority of claims are entirely genuine but even in those, a defender’s insurer or lawyer will often look at social media for evidence that a claimant is exaggerating their symptoms. The clearest example would be of a person doing an activity which involves far more physical ability than they claim to have.
Why is it important to interpret social media posts properly?
But it is important that social media posts are not misinterpreted. Most of us present a “polished” version of our lives on social media. Not all posts show the reality of our day-to-day lives.
One of Allan McDougall Solicitors’ cases involved a client who had suffered a genuine and serious psychiatric injury because of an accident. The opponent tried to suggest exaggeration by referring to social media posts showing the client smiling at one or two social occasions. The opponent’s argument got nowhere in that case because the posts did not truly contradict any of the other evidence in the case. The posts were simply the client “presenting [their] best life”.
But the very fact that we were even faced with that argument illustrates how common it is for opponents to seek to use social media posts if they can in any way to their advantage.
Other reasons not to post about injuries on social media
There are other reasons not to post about injuries or recovery, and we advise anyone considering or in the process of a claim to resist the temptation. For the most part, the posts will be of little evidential value. In any claim, the evidence of a person’s injuries comes primarily from independent medical experts. Evidence of other losses comes from other independent sources too. Social media posts about injuries or recovery will add little or nothing to the overall picture. That is why we suggest it is best not to post about such matters. However, if a claimant does decide to post about their injuries, they should ensure their social media profile is set to private.
Other serious consequences
The consequences can be more than just embarrassment. In a litigated case, at least, a claimant can be found liable for an opponent’s legal costs if the claimant is found to have behaved fraudulently. However, the potential difficulty does not just arise in relation to the other side’s legal costs. If a claimant is proceeding under a “no win/no fee” agreement with his or her own solicitor, then almost all such agreements will require the claimant to provide correct and accurate information to his or her solicitor. If a claimant does not do so, then the “no win/no fee” protection could be removed and the claimant’s own solicitor will be entitled to charge a fee for the work they have done. Therefore, the potential risks on costs alone are very substantial.
If you have suffered an injury and are considering claiming compensation, please contact us for a confidential discussion.
Email Stephen Irvine
Call our personal injury claims team free on 0808 560 0872
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