How Social Media can Destroy Your Personal Injury Claim
- If you are injured and thinking of seeking compensation for pain, suffering and financial loss then it’s important to recognise how social media can destroy your personal injury claim.
- In today’s post digital age where all aspects of our lives are shared on social media which can spectacularly derail your personal injury claim.
- In this article we highlight the potential pitfalls, the risks and precautions that you can take to protect your personal injury claim when it comes to social media posts.
Navigating the Hidden Dangers of Social Media in Personal Injury Claims
It’s become a part of ordinary life – people posting on various social media sites to post pictures and update their lives to close friends and families, interacting with friends and having fun on the various social media platforms without a care in the world or a second thought.
- However, it’s important to bear in mind how social media content can make or break your personal injury claim. There are key ways sharing information on social media can undermine and trigger real harm to personal injury claims.
- Remember that social media surveillance of facebook, twitter or other social media accounts is a tool that insurance companies all use when trying to derail personal injury cases. Especially where claims or the Claimant’s credibility is under scrutiny.
- For example if you have an active social life and you post pictures which show you carrying out physical activities which are inconsistent with your back injury then it’s easy to see how social surveillance could be used to challenge the veracity of your claim?
- Similarly it maybe your social media posts reveal you are having a difficult time when all the time these issues may not have been disclosed during the claims process.
- It’s fair to say social media surveillance has been a real game changer for the defendant insurers.
- By digging deep into the Claimants’ online social media posts involving family and friends they can look to discredit the Claimant and sometimes they can defeat the personal injury claim altogether.
The Digital Paper Trail: Unintended Admissions of Fault
If you’ve been involved in a car accident or an incident resulting in personal injury emotions can often run very high.
It’s easy to see how a seemingly innocent social media post or comment posted online in social media accounts which expresses frustration or regret can be misconstrued as an admission of fault by the other side.
You need to be aware that the defendant’s insurance company are accomplished at reviewing a Claimant’s online presence to see if there are any inconsistencies or comments that can be used against them.
The important thing to remember is to think before you post and certainly refrain from discussing your entire claim or posting details of the incident on any social media platform.
In the same vein it’s not wise to accept friend requests from people that are not known to contact you during the claim process. There’s always the danger this contact could be the insurers means to gain access to your account and gather evidence against your personal injury case.
Tip to Bear in Mind?
It’s all about being cautious when sharing photographs, facebook posts and videos to social media users and being extremely careful that any updates you post online might well be taken out of context and used to skew the truth.
Contradictory Narratives: a Web of Inconsistencies which can Destroy your Claim
Your Personal injury lawyer will tell you that consistent statements and precise narratives are hugely important in the context of bringing a personal injury case.
Social media activity and posts flag up moments that might be incongruous and inconsistent with your injuries whether this is physical or psychiatric injury.
The defendant insurer will be keen to exploit any discrepancies in witness statements or social media so they can try to cast doubt on your version of events and undermine your credibility when claiming compensation.
Tip to Bear in Mind?
It’s important you are always mindful of risk and extremely careful of your actions when using social media. There is of course a danger your pictures, comments and posts will be scrutinised and taken out of context.
Even seemingly innocent activities can be used against you. Stay mindful of your limitations and heed your solicitors advice and your doctor’s instructions on staying safe at all times.
Navigating the pitfalls of Exaggeration, Misrepresentation and Overstatements
In the era where most people are driven by social media there is a danger that in reality some parties or individuals may exaggerate their injuries in posts.
Any inconsistencies can swiftly serve to help the defendant solicitors undermining not just the credibility of the evidence, but also the validity of whole claim.
Tip to Bear in Mind:
Make sure you stick to the facts. Being honest is the key here (and always) so avoid dramatizing your pain or misrepresenting your injuries for dramatic effect both when online and when off-line.
If a Claimant is found to be fundamentally dishonest in relation to even just one aspect of the accident compensation claim then they can expect the entire case to fail even if the balance of the claim is genuine.
Always be sure to report matters accurately when using online accounts as this helps to build a solid foundation for your claim and by being honest this will help to establish trust and credibility.
Frequently Asked Questions (FAQs)
Q: How can sharing everyday family life information on facebook or social media negatively affect my personal injury claim?
Injury victims can inadvertently harm their compensation claim by sharing information on private media accounts.
For example by sharing information about your car accident on Facebook, Twitter or Instagram to friends and inadvertently making comments that could be misconstrued in relation to liability or your injury may completely undermine the true state of your claim.
It would only take the defendant’s insurance adjusters or insurance investigators several hours to access and undertake social surveillance on your online content and accounts and that access could affect the overall outcome.
Q: Should I delete my social media profile picture and account profiles after the incident to safeguard my claim?
A: Although deleting your online profiles may seem like a solution, it could raise suspicion with the insurance company. Even if you make your online social media pages and profiles private it’s still possible your posts could be revealed at court creating a significant impact.
Instead, consider adjusting your online privacy settings and stop posting about the incident. So if the Defendant’s insurers carry out online surveillance of private messages or posts about your accident or everyday life the evidence gathered will not affect you in any way.
The other option, which might seem to be a bit extreme, is to take a break from online posting and social media posts altogether.
Q: What can I do to ensure what evidence I do post online helps and doesn’t hinder my claim?
A: Ensure your posts on social media pages concentrate on your path to recovery and include reference to your treatment and the progress you are making. Your lawyer will advise clients that doing things to facilitate their recovery can actually help to strengthen their personal injury claim.
Meet the Author
Chris Carter is the co-founder and Director of Carter & Carter Solicitors, a leading legal firm specialising in personal injury claims and located in the United Kingdom. He is a true specialist, spanning over 25 years, within the realm of personal injury litigation. Chris and the firm has emerged as a well respected authority with hundreds of reviews and testimonials from delighted clients.
Throughout his professional journey, Chris has consistently exhibited total commitment to helping individuals who have suffered injuries, facilitating their quest for compensation. His extensive expertise has translated into a substantial history of successful claims, leveraging his experience to secure compensation under the most favourable terms.
Chris’s dedication to assisting others runs through every claim he and his team at C&C Solicitors undertake. They consistently exceed expectations, ensuring that their clients receive unparalleled support and guidance during what can be a challenging period.
To gain further insight into Chris and the accomplished team at C&C Solicitors, as well as the comprehensive legal services they provide within the context of personal injury, please explore their website at www.candcsolicitors.co.uk/about-us/ or contact the team directly at 01663 761890.
Carter & Carter Solicitors
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