Social media is a tool often referred to in personal injury claims, as information posted is typically public which means anyone can do a quick search and locate posts and any pictures you have uploaded.
It has become common in recent years for defendants in particular to carry out their own research via social media on claimants to make sure that the information provided to the defendant in pursuance of the claim is accurate.
We all enjoy putting updates and photos on social media accounts such as Facebook, Instagram, X, Tik Tok etc and it is these very same platforms that the defendant will look at. It is also important to note that they may access family and friends account to try to find personal information about your social life and activities.
It is well known that we all tend to upload posts or photos to portray a “polished” version of our lives on social media, which don’t necessarily accurately reflect the reality of the life we live. However, this will not stop a defendant from arguing that a claimant has behaved dishonestly if their social media accounts represent a better quality of life than they are portraying in the pursuance of their claim.
If you don’t have high level privacy settings on your social media accounts, then your accounts could be accessible by any party.
If the instructions you have provided to your solicitors are not consistent with what is shown on your social media accounts, then the defendant can request for your whole claim to be struck out (i.e. thrown out of court and dismissed) and at the same time for you to pay the defendant’s costs and your own solicitor’s costs as a consequence.
Examples of dishonesty can be if a claimant says they have been restricted in certain activities/work life/hobbies due to the injuries sustained, but social media confirms that the claimant has been able to partake in activities they have alleged they cannot do.
Sometimes, this is down to dishonesty on the part of the claimant and the courts won’t hesitate in punishing claimants for such dishonesty. However, sometimes it is simply because the claimant is portraying their ‘ideal life’ on social media, when their reality is in fact much less desirable due to their injuries. Always think before posting on social media and ensure you don’t fall into this trap.
Whilst the majority of the claimants are honest and upfront, if a claimant has been “caught out” on social media as being untruthful, then their personal injury claim will be impacted in a devastating way, and it can also result in criminal consequences for them.
If you or anyone you know has been injured and wish to pursue a personal injury claim then please do not hesitate to contact Stephensons on 0161 696 6235, where one of our new business advisors will be able to talk through any concerns you may have. Alternatively, fill in our online enquiry form and we will be in touch as soon as possible.
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