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Warnings Regarding Social Media in Personal Injury Claims

When you have a personal injury claim, you already have plenty of worries. The last thing that you want to deal with is something affecting your compensation payout. Social media posts have been legally be used as surveillance evidence in personal injury claims. Don’t make the mistake of posting something you believe is innocent only to have that brought up in court or WorkCover WA. Your workers’ comp or other personal injury compensation payouts can be affected by those posts. There is a precedent of this being legal set by Digby v The Compass Institute Inc & Anor (2015) QSC308. The defence team doesn’t need to inform the plaintiff when they intend to use social media data.

The simplest course of action is to quit social media entirely. Still, it is possible to continue to be on social media with a pending personal injury claim. However, vigilance about what is posted is required.

Top 10 Posts to Avoid

When making posts with a personal injury claim pending there are some specific things to watch out for. These things are same whether you have a workers’ comp claim or a car accident injury claim. Namely, avoid posting anything that invalidates the claim that is being made—or could be seen to do so.

  • Photographic evidence of strenuous activity – like sports, running, weightlifting, and swimming should not be posted.
  • Verbal evidence of strenuous activity – just talking about having done or enjoying certain activities can hurt a claim in court.
  • Posts that seem to contradict your claimed level of pain – what contradicts your claim depends on the person. For example, if you claim you need a neck brace, a single photo without it can damage you unless you report to your doctors that you only use it sometimes.
  • Admitting liability – don’t assume any conversation is private. No matter who you are talking to on social media it isn’t completely safe. That is not the place to discuss possible liability.

Ultimately to avoid social media being used against you in court consider each post and if it can be seen to contradict your claim. The opposing lawyers will not be shy about using surveillance on you and your posts.

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There is also another type of post to be avoided that might not be as intuitive. You should also avoid posting things that could be used against you less directly but still affect your compensation payout.

  • Comments on legal advice or progress of the claim – Stating things about the claim or that happen between you and your lawyer isn’t wise and you may lose legal professional privilege. The best lawyers have strategies they probably don’t want revealed.
  • Your intended locations – Providing this information can allow the opposing side to track you. They can hire surveillance to watch you.
  • What your friends are posting – Even if you watch your own posts, information can be used against you from posts your friends and family make. So make sure to warn them what not to post. Then take frequent inventory to make sure nothing potentially damaging is posted without your knowledge.
  • How often you post – Even how frequently you are posting could be used against you. It can be construed to show less disability than is being claimed.
  • Where you post from – Just like how often you post, the places you are posting from can matter. If your claim involves being able to get around or psychological ability to go out, the locations of your posts can be used against you.
  • Emotional content of posts – If a psychological aspect is part of your claim, watch that the content you are posting matches. It can feel natural to pretend to be happier than you are on social media. If you are including depression or other psychological hardship as part of your claim, than this can also hurt your case or even get it dismissed.

4 Things to do when you have a pending personal injury claim

After that long list of things not to do, the list of things to do may feel like a relief as it is proactive. It is hard to watch your steps at all times. Often feeling as if there is something to accomplish can help lessen the feeling of helplessness. The list of to-do’s in the case of filing a personal injury claim is actually pretty simple.

  • Be honest – It is much harder for the opposition to prove you are lying if you aren’t. Only claim injuries that are truly being suffered.
  • Get the best lawyer Do your research and find the best lawyer for you. Some lawyers specialise in personal injury claims. While another may have no experience in car accident injury claims or workers’ comp claims. The lawyer you choose can affect your compensation payout.
  • Ask Questions – Your personal injury lawyer knows a lot about all of this—more than you’ll ever get from an article or two. If you have questions about what you are doing or what you should do, ask your lawyer. Then simply follow their advice.
  • Post conservatively or not at all – Whether it be where you are posting from, how often you are posting, or what you are posting, control it. As long as you watch what you are putting out there, no amount of surveillance can catch you in a lie. It is still safest to refrain entirely from social media until you have your compensation payout. The important part is to make sure you are in control of the information that is out there.

Impact of Social Media

In the end, the impact of social media on your personal injury claim is up to you. The defence can’t use information that isn’t out there. So pay attention to and control what your social media presence is giving away. If you do there won’t be any nasty surprises from social media during your claim.

Disclaimers

The information provided in this article is general in nature and should not be relied upon in place of legal advice based on you own circumstances. Liability Limited by a scheme approved under Professional Standards Legislation.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

My injury has been going on for 2 years and I didn’t know what to do. When I first went there, they spent the time to help me, instantly I was clear about what to do next. I have now received my compensation payout and I am happy with the outcome. I have referred them to my friends who have personal injury claims.read more
Jim Keo
Jim Keo
2018-10-31T15:35:41+0000
I was very happy as Foyle Legal got me almost double the amount I was expected for my foot amputation work injury.read more
Tim Martin
Tim Martin
2018-10-31T08:11:34+0000
Explained my workers compensation very well. Very experienced and knows what to do. I am happy with the good time frame. I appreciate your good job with your team thank you.read more
Deklinsman Nkemjika
Deklinsman Nkemjika
2018-10-10T09:16:57+0000
I did not know what to do with my stress related Workers compensation claim. Foyle Legal helped me to get reports from my GP and a psychiatrist. They provided me with as lot of help preparing statements. I am happy I had their representation as i was very stressed and i am happy with the way things turned out.read more
Liliana Andri
Liliana Andri
2018-09-26T04:16:01+0000
I underwent several years of being abused by passengers as a bus driver. Foyle legal helped mw to get the medical reports i needed in circumstances where my gp was slow in providing a report.read more
Karen Nevard
Karen Nevard
2018-08-30T06:49:54+0000
Just received my settlement check in time for Christmas. I couldn't thank Christian enough for his assistance with my injury claim. There lots of factors made my claim difficult but Christian and Foyle Legal team dealt with professionalism and understanding. I am happy with my settlement outcome, and would definitely use them again for my future injury claims.read more
Anthony Daniels
Anthony Daniels
2017-12-21T08:56:31+0000
I was injured at work and had a workers Compensation claim. Foyle Legal Were very helpful and always got back to me about my queries in a relatively short period of time which I think you would not get in a larger firm. They advised me about the settlement of my case and help me to get the most out of itread more
Vijay Sourinathan
Vijay Sourinathan
2017-12-20T02:53:28+0000
I had a bad work injury to my knee and needed surgery. The insurer refuse to pay for the cost of my surgery and I had to go through WorkCover WA for an acceptance of liability to pay for the surgery. Foyle legal helped me to get the medical evidence that I needed to take the matter towards a finalisation of my claim.read more
Roxann Campbell
Roxann Campbell
2017-11-14T08:27:49+0000
I went to another lawfirm before I went to Foyle legal. At the other lawfirm I was treated like a number, but it won't legal they help to pay for my medical expenses to get the most out of my work is compensation claim and I answered all of my questions.read more
Daniela Colantropo
Daniela Colantropo
2017-10-23T02:32:55+0000
I had a workers compensation claim and the insurer wanted to fight me about whether I was entitled to weekly payments of compensation. Foyle Legal helped me to get medical evidence regarding my case, they were quick and very helpful and provided excellent service in relation to my personal injury claim.read more
Suman Thilak
Suman Thilak
2017-09-22T05:29:20+0000
Christian from Foyle Legal was very helpful given my lack of knowledge of the law in respect of workers compensation claims and I ended up with a better result than I ever expected.read more
Paul Beard
Paul Beard
2017-07-13T08:58:07+0000
Christian Foyle and Foyle Legal helped me a lot with my workers compensation claim and the doctors report they obtained was really helpful. If it was not for them i dont think I could have pushed my claim as hard.read more
Ajak Kuer Ajak
Ajak Kuer Ajak
2017-03-29T03:51:32+0000
I had a workers compensation claim which Foyle Legal helped me with. They helped me with the medical reports i needed and gave me emotional support and I am happy with the outcome.read more
Lucinda Hogan
Lucinda Hogan
2017-03-29T02:02:07+0000
Christian Foyle from Foyle Legal helped me out with my workers compensation claim a lot. He was very professional, polite and courteous and very approachable. I am happy with the way Foyle Legal handled my claim and I got a fair outcome. Christian is one of the nicest people in legal services I have ever met.read more
Theresa Southam
Theresa Southam
2017-02-23T03:03:41+0000
The service I received from Foyle Legal was second to none. Christian was well informed and quick to reply. Very happy how the case progressed and with the settlement I received. I would highly recommend Foyle Legal.read more
Brendan Arthur
Brendan Arthur
2016-12-20T00:56:43+0000
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