The Dangers of Social Media in Personal Injury Claims

In today’s digital age, social media platforms such as Facebook, Instagram, Twitter, and TikTok have become an integral part of daily life. However, for clients pursuing personal injury claims, what might seem like innocent sharing can seriously jeopardise their case.

At Hopkins Solicitors, we are increasingly seeing Defendant solicitors adopt a more robust approach, actively monitoring social media even in lower value claims, to find evidence that could undermine a claimant’s case.

Why Social Media is a Problem in Personal Injury Claims

Social media posts can be a double-edged sword. On one hand, they offer a platform for clients to keep in touch with friends and family. On the other, the content posted may unintentionally contradict or weaken the injury claims made.

For example:

• Posting photos or videos showing physical activity that conflicts with claimed injuries.
• Sharing updates or check-ins at locations suggesting the claimant is more mobile or active than stated.
• Making comments or posts that could be perceived as exaggeration or dishonesty.

Even innocent posts can be misconstrued. Defendant solicitors may argue that a picture not obviously of the claimant actually is them, courts have accepted such arguments before, making it difficult to dismiss social media evidence lightly.

Why Are Defendants Becoming More Robust with Social Media?

Defendants and insurers are increasingly using social media as a key tool to scrutinise personal injury claims. Rising claim costs and pressure to control fraudulent or exaggerated claims have led to a more proactive approach. Advances in technology and the acceptance of social media evidence by the courts mean that even lower value claims are subject to detailed social media checks. This increased scrutiny helps Defendants verify the claimant’s account and challenge inconsistencies, ultimately promoting fairness and honesty in the claims process.

In many cases, Defendant insurers and solicitors now instruct specialist third-party companies to conduct thorough reviews of a claimant’s social media profiles. These companies analyse posts, photos, videos, and interactions to identify any material that may undermine the claim. They often prepare detailed statements summarising their findings, which are submitted as evidence in court. This outsourced investigation adds a layer of expertise and objectivity, making social media monitoring a routine and formidable part of the defence strategy.

Legal Implications of Social Media Posts

Social media content is admissible evidence in personal injury proceedings. Courts regard this as part of the overall evidence package and expect parties to be truthful and transparent. The impact can be severe:

• Credibility Damage: In Lock v Ravi-Shanker [2021] the Claimant’s Solicitors had to disclose unhelpful Facebook posts which came to light they had access to. The High Court addressed the implications of social media activity, specifically Facebook posts, in personal injury litigation. The case highlighted the importance of disclosure obligations, and the potential risks associated with a Claimant’s social media footprint. 

• Fundamental Dishonesty: If social media evidence reveals deliberate deception or dishonesty by the claimant, for example, posting misleading information to support a fraudulent claim, a claimant may be found “fundamentally dishonest.” This is a serious legal finding that can lead to claim dismissal, repayment of damages, and costs orders.

• Costs and Sanctions: Dishonest conduct revealed via social media can result in adverse costs orders, including paying the Defendant’s legal costs and losing any awarded compensation

Managing the Risks: Legal and Ethical Considerations

Given these risks, advising clients on their social media use is a critical part of ethical and effective legal representation. Here are key points to consider:

• Be Mindful of Content: Clients should be aware that anything posted publicly, or even shared privately, can potentially be disclosed and used as evidence.

• Avoid Posting Details About the Case: Comments or posts discussing the injury, treatment, or claim can be harmful.

• Review Privacy Settings: While not foolproof, tighter privacy controls may limit exposure, but they do not eliminate the risk.

• Consider a Social Media Moratorium: Sometimes, the safest advice is to refrain from social media use until the claim is resolved.

• Full Disclosure to Your Solicitor: Clients should provide copies or access to their social media history to allow for honest assessment and preparation.

• Ethical Duty of Honesty: Solicitors must advise clients on the importance of honesty and the dangers of misleading or inconsistent information.

Social media has become an increasingly powerful tool for Defendant solicitors to scrutinise personal injury claims. At Hopkins Solicitors, we stress that clients must treat social media posts with caution and always consider how their online presence could impact their claim. By understanding the legal implications and managing social media use carefully, clients can protect their interests and strengthen their case.

If you have questions about how to safely manage your social media activity during a personal injury claim, contact our team for expert advice and support.