Social media and dishonest compensation claims

Social media has become a quick and accessible way for people to share their experiences and also to project the image of themselves that they want friends, families and followers to see. When making a negligence claim for compensation for an injury or disability, your eligibility for compensation must be based on an honest and fair account of the change in your physical and psychological health, your abilities and financial circumstances, that was caused by the defendant’s negligence.

It is important to understand that your social media content, or that of others closely connected with you, is also visible to the defendant, and can be used as evidence in court, either to support or oppose your claim.

Defendants, including NHS Resolution and many personal injury and medical insurers, commonly research social media and other channels to explore whether your description of your condition in your witness statement is consistent with any other information about you that they can obtain.

In extreme circumstances, if the defendant considers a claimant’s witness statement to be inconsistent with other information, such as social media content, they may obtain surveillance evidence (without your prior knowledge or consent) and then ask the court to allow that evidence to be shown to the judge in your case, to undermine the evidence contained in your witness statement.

Where social media content or other evidence contradicts your own witness statement account of your injury, disability or its impact on your life, this may result in your compensation being significantly reduced or your entire claim being dismissed by the court. If the court finds that you have been ‘fundamentally dishonest’ in making your claim, you may face criminal charges and imprisonment.

Honest and genuine claimants have nothing to fear, but it is essential that you tell your solicitor, immediately, if you are concerned about content in your social media or anywhere else, which could prejudice your claim.