Personal Injury: The impact of Social Media and what Claimants Need to Know.

In today’s world, social media plays a huge part in how we connect, communicate, and share our experiences. For those involved in personal injury claims, social media can be a double-edged sword. On the one hand, it’s an easy way to stay connected with family and friends, but on the other hand, it can seriously jeopardize the outcome of a legal case.

In this blog, we’ll explore how social media can affect personal injury claims, the risks involved, and how to protect your case.

When you’re dealing with a personal injury, whether it’s a car accident, workplace injury, or slip and fall, it’s easy to vent about your experience on social media. Many claimants use platforms like Facebook, TikTok, Instagram, or X to share details of their situation. While this might feel like an innocent way to express frustration or to seek support, these type of posts could be used against you during your case.

How can social media posts harm your personal injury claim?

Defendants may monitor your social media for any evidence that can be used against you. So when you post about your injury or recovery process, it’s easy for your words or images to potentially contradict what you’ve told your solicitor or a medical expert, or said in your witness statement.

For example, if you claim to be suffering from severe pain or limited mobility but then post a picture of yourself walking, playing sports, or engaging in activities that require physical effort, it can create doubt about the severity of your injuries which defendants will try to use to weaken your case, and may use this to argue that you are exaggerating or even lying about your injuries.

Social media posts that portray you as being overly active or happy could damage your credibility in court. For instance, if you’re seen smiling in a photo or attending a social event, it might suggest that you are not as affected by your injury as you claim to be. This can affect your claim and the way the defendants perceives your pain and suffering.

If the evidence demonstrates a claimant has deliberately misled the court or exaggerated their injuries, they can be found as "fundamentally dishonest". This can result in claim dismissals, repayment of any damages awarded, and potential cost orders against the claimant.

Real-World Examples:

Thomas v Owen [2023]: A claim was dismissed after social media posts showed the claimant participating in strenuous exercise despite claiming restricted mobility.

Saunderson & ors v Sonae Industria (UK) Ltd [2015]: A claimant's comment about "jumping on the Sonae claim bandwagon" and using the hashtag #showmethemoney led to the claim being dismissed as fundamentally dishonest.

What you should avoid:

1. Posting about your injury
2. Sharing pictures or videos
3. Commenting on legal matters or discussing your case
4. Engaging in arguments

Tips for safeguarding your social media accounts:

1. Set your accounts to private: Ensure your social media profiles are set to private or have restricted access. While this won’t make posts completely off-limits, it will limit who can see your content.
2. Monitor who sees your posts: Be mindful of who you allow to see your posts. What may seem like a harmless update can easily end up in the hands of the defendant.
3. Consult your solicitor: Speak with your solicitor when it comes to social media during your case. They may advise you to take additional steps to ensure your posts don’t damage your case.
4. Be cautious with direct messages and comments: Even private messages or comments could be used as evidence in some cases, so be careful what you say.

Conclusion: Think before you post

Think carefully about what you share and consult your solicitor if you’re unsure. The safest course of action is to avoid posting altogether. Avoid sharing anything that could be used against you.

By taking precautions and being mindful of your online presence, you can protect yourself and your personal injury claim from unintended consequences. Stay cautious, stay private, and focus on the road to recovery.