Social media has become an integral part of modern life. It allows us to stay connected with family and friends and share moments, milestones, and memories with the wider world. However, what many individuals do not fully appreciate is that once something is posted online, it can be very difficult to control who sees it.
The role of social media in personal injury claims
Throughout the lifespan of a personal injury claim, you attend multiple hospital appointments, undergo medical assessments, and participate in rehabilitation services to aid your recovery and help you return to your pre-accident health.
What may not always be clear is that insurers, defendants, and their solicitors may also be monitoring your progress outside of formal medical reports, particularly through your social media activity. If your social media accounts are public, or even accessible indirectly, your posts, photos, and videos could be reviewed and used as evidence.
Given the potentially significant costs associated with rehabilitation, private care, and medical equipment, opposing parties are often motivated to identify any material that may contradict your claim. Their aim may be to reduce the value of your claim or, in some cases, deny liability altogether.
When “innocent” posts become evidence
Something as seemingly harmless as a photo of you walking along the beach or attending a social event could be scrutinised. Defendant solicitors may analyse such content to argue that it is inconsistent with the injuries you have reported.
For example, if you state that you have limited mobility following an accident, but later post a video appearing physically active, this may be used to challenge your credibility and the severity of your injury.
Disclosure obligations and ongoing scrutiny
Many people question how their private life can be used in legal proceedings, however, once a claim has progressed to formal proceedings, there is a legal obligation on all parties to disclose relevant evidence. This includes evidence that supports your case as well as anything that may detract from it.
Importantly, this is not a one-off obligation. It is a continuing duty throughout the duration of the claim. As such, your position may be subject to ongoing scrutiny, including your activity on social media.
The risk of fundamental dishonesty
If evidence is uncovered suggesting that a claim has been exaggerated or is not genuine, the defendant may raise an allegation of fundamental dishonesty.
This can have serious consequences for your case. Fundamental dishonesty may relate to either liability (who is at fault) or quantum (the financial value of the claim). Examples include:
- Exaggerating the extent of your injuries
- Providing misleading information about your recovery
- Fabricating or manipulating evidence
- Inflating claims for financial gain
If a court finds that a claimant has been fundamentally dishonest, the consequences can be severe. A judge may dismiss the claim in its entirety and order the claimant to pay significant legal costs.
Case example
In the case of Grant Greening-Steer v Derek Ainge, Mr Greening-Steer was seriously injured in a motorcycle accident, liability was admitted but issues arose regarding the diagnosis of the injuries sustained, determining past, present, and future injuries and whether the Claimant had been fundamentally dishonest.
Under s57(1)(b), (2) and (3) of the Criminal Justice and Courts Act 2015, the Court is required to dismiss a claim, despite finding that a Claimant is entitled to damages where the Claimant has been fundamentally dishonest.
Mr Justice Ritchie highlighted that the Claimant had made a substantial recovery years prior to the trial and as a result, Mr Greening-Steer received damages of £378,420 compared to a claim of £4,924,418. This illustrates how inconsistencies between reported limitations and publicly available evidence can significantly damage credibility and the overall damages awarded to a Claimant.
How to protect your claim
There are several practical steps you can take to protect your personal injury claim:
Adjust your privacy settings
Ensure your social media accounts are set to private. Many platforms default to public settings, so you will need to change these manually.
Be mindful of what you post
Avoid posting content relating to your injuries, recovery, or physical activities. Ask yourself whether you would be comfortable with the opposing legal team reviewing your content.
For example, if you are claiming for a leg injury and reduced mobility, posting images or videos of you running or engaging in physical activity may be used to challenge your claim.
Do not delete existing content
It may be tempting to remove posts that you believe could be misinterpreted. However, deleting content can raise concerns that you are attempting to conceal evidence and could lead to allegations of fundamental dishonesty.
How Moore Barlow can help
At Moore Barlow, we are committed to achieving the best possible outcomes for our clients following serious injuries. We recognise the importance of rehabilitation and providing support throughout what can be a challenging process.
Our specialist personal injury lawyers understand the tactics often employed by defendants and their insurers. We can guide you on how to manage your case responsibly, including advising on social media use to ensure your claim is protected and presented as strongly as possible.
