Social Media’s Impact On Personal Injury Claims

Ami Stefana Popescu

The impact of social media on personal injury claims

We live in an era where the internet plays a significant role in our daily lives. According to the Digital 2024 report, the average UK adult spends 4 hours and 20 minutes online each day, with 2 hours and 23 minutes of that time dedicated to social media.

Many people use platforms such as Facebook and Instagram to stay connected with friends and family, sharing life updates, or content related to their hobbies and interests.

However, this increased online presence has provided Defendants solicitors with a powerful tool to challenge personal injury claims. If you have suffered a serious injury in an accident that was not your fault and you are pursuing or considering a claim, you may want to keep reading.

Social media as a weapon in personal injury claims

Insurance companies now employ agents who search through Claimants’ social media profiles for any evidence that could suggest their injuries or losses are exaggerated or fraudulent. In simple terms, if the contents of a Claimant’s online activity contradicts, or appears to contradict, the substance of their claim (i.e., the extent of their injuries and impact they have on their daily life as recorded in their medical evidence or witness statements) this can be employed by Defendants as a defence to the claim.

In 2015, section 57 of the Criminal Justice and Courts Act 2015, introduced fundamental dishonesty as a legal defence in personal injury and clinical negligence claims. Since then, there has been a significant rise in such arguments being pursued by defendants in court.

The consequences of a successful fundamental dishonesty findings can be severe. Claimants may lose the right to compensation for exaggerated injuries and losses, and in more serious cases, they risk losing their entire claim and even facing imprisonment.

Notable cases involving social media evidence

To better understand the impact of fundamental dishonesty in personal injury claims, let’s examine the following cases:

Susan Sanderson & Others v Sonae Industria (UK) Limited [2015] EWHC 2264

In this case, 20 claimants alleged that they had been exposed to significant levels of smoke following an industrial fire at Sonae’s plant in Kirkby. However, the Defendant’s solicitors monitored the social media profiles of one claimant, and found comments on X (previously Twitter) where he asked another potential claimant whether he had “jumped on the Sonae claim bandwagon”. Additionally, he had posted multiple times using the hashtag #showmethemoney. As a result, his claim was dismissed as he was found to be fundamentally dishonest.

Wye Valley NHS Trust v Murphy [2024] EWHC 1912

Mr Murphy brought a clinical negligence claim against the hospital that treated him for an arm injury suffered in a rugby match in 2017. During medical examinations, he stated that he had not picked up a rugby ball since the incident and he was unable to return to work. However, the Defendant’s solicitors obtained social media evidence proving otherwise.

Posts by Mr Murphy’s local rugby team, Ross RFC, showed that he had played for the team on multiple occasions throughout 2019. Additionally, Facebook posts revealed he had in fact returned to work as early as 2018. As a result, Mr Murphy’s claim was struck out, and he was ordered to pay the Defendant’s legal costs.

Nama -v- Elite Courier Company Ltd [2015] 3 WLUK 154

In this case, the Claimant relied on a witness whom he described as independent. However, it was discovered that the witness and the Claimant had known each other for years and had been friends on Facebook since 2011. This revelation significantly undermined the credibility of the Claimant’s case.

Best practices for social media use during a legal case

If you have a personal injury claim, the safest approach is to stay off social media entirely until your case is resolved. However, if that is not possible, here are some key precautions:

• Adjust your privacy settings – Ensure that your social media profiles are private, but remember that this does not guarantee complete protection as content may still be accessible through other means.
• Avoid discussing your case online – Refrain from posting anything related to your case, injuries or compensation claim. Even seemingly harmless comments can be misinterpreted.
• Ask family and friends not to tag you in posts – Others’ posts can be just as damaging as your own, so it is best to request that they avoid tagging you in photos, videos or comments that could be misinterpreted.
• Do not delete compromising posts – As a claimant, you have a duty to disclose and preserve social media content. The court may impose sanctions against claimants who fail to comply with their legal obligations.

Being honest in personal injury claims is not just a legal obligation, but it protects the Claimants’ credibility, ensuring they are fairly compensated and supports the integrity of the justice system.

How we can help

At Osbornes Law, we understand how overwhelming a personal injury claim can be, especially in today’s digital age where even your social media activity can be used against you. Our experienced team is well-versed in navigating these complexities and will guide you every step of the way, ensuring your case is presented with integrity and strength. With a proven track record of success and a client-first approach, Osbornes is committed to securing the compensation you deserve while protecting your rights and reputation.

Our specialist personal injury lawyers are here to support you. For early advice, please contact us by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811