Facebook Posts and Personal Injury Claims

Once again social media is having its own unique impact in the way the law has to operate, namely, in relation to personal injury cases.

Personal injury solicitors have begun advising their clients to be careful what they post on social media sites such as Facebook, in relation to accidents or injuries for fear that this could be used against them. It is not uncommon for personal injury defence lawyers (the lawyers acting for the accused party) to keep a watchful eye on the conduct and actions of the claimant (the victim) and this now includes obtaining court orders to gain access to the claimant’s social media sites to observe comments, photos etc in an effort to tarnish the claimant’s claim. This would be common where a claimant alleges to be in great physical pain but is then photographed taking part in sporting activities.

In the interest of respecting an individual’s right to privacy, judges are unlikely to give defendants free rein to the claimant’s account, nevertheless, claimants could be encouraged to disclose certain information if it can be proved that it is relevant to their case, a practice which has already been instigated on the other side of the Atlantic (since 2007). Although in order to be granted permission to use the same as evidence, American and Canadian lawyers are having to establish that there is evidence on social media to back up their claims (rather than relying on speculation) before being granted access by the court to people’s social media accounts.

Lawyers will argue that any evidence obtained through social media is not conclusive as it only shows an out of context snapshot, nevertheless, they are advising that claimants should be wary of friend requests from people they do not recognise; for fear that it could be an investigatory exercise on behalf of the defendant.

At the present time, it is too early to say what impact social media will have on personal injury cases as such action is more common in America and Canada (although it is working its way to English courts). Furthermore, it is because most cases end up settling before trial (as is encouraged by the courts).

Nevertheless, victims of personal injury should exercise extreme caution in relation to their social media activities, regardless of the strength of their privacy settings, particularly in relation to photographs, posts and status updates.

Social Media And Personal Injury Claims