A new report from Digital Trends has found that social media is being used by personal injury lawyers and defence teams to provide evidence regarding the claim.
While many people are aware of employers using social media to monitor activity and often bring an action against employees, according to Digital Trends, social media is playing a major role in many court cases. Lawyers and claimants are getting more evidence off of social media tools such as Facebook and Twitter to prove the extent of the injuries or the fraudulent nature of the claim.
The news comes following a report in the Canada’s National Post after a woman had a claim for hundreds of thousands of dollars in damages rejected by a Supreme Court judge after her 194 pages of her Facebook account were pulled off as evidence of the extent of her injuries by the defence team.
The Facebook account showed the claimant socialising, drinking with friends, river tubing, attending parties and singing karaoke, despite her claim that she was miserable and that her life had totally changed since her injury. The judge stated that her social media profile showed “completely inconsistent” with someone suffering from psychological trauma and went against everything she had claimed regarding the injury.
The claimant, Sarah Tambosso, had stated in court that she was depressed from the severe changes that had occurred since the accident. The court dismissed her claim due to issues regarding her credibility. However, this is just one of the many examples of fraudulent activity and those claiming getting caught through the use of social media.
A Newcastle man was caught making a fraudulent claim after he sued the council for £17,000 after claiming he tripped on a faulty drain, however, a video posted on his Facebook page showed him sustaining the injuries after he jumped into flood water on his street.
Last year it was announced that many courts were using technology to try and end fraudulent claims, with fitbits being used to see if claimants deserved compensation and to verify the extent of the injuries sustained.
While social media and other digital technology aspects hinder fraudulent claims, if you have genuinely been injured in an accident that was not your fault you can make a claim. While personal injuries often get a negative press, with many criticising the nature of personal injury claims, if you have been injured through no fault of your own, we believe you have the right to make a claim. If you are unable to live your life normally or have been left unable to work or earn money, can you really afford to not make a claim?
To make a claim we believe that you require the expertise of a good legal team. Many people believe that making a personal injury claim is simple, however, claiming compensation can be a long, drawn-out process, with many sides contesting the outcome. Therefore, we believe that you should hire an experienced, skilled legal team that specialise in personal injury claims. A good legal team will allow you to get the compensation you deserve either through court or settlement agreements. Furthermore, while we are experts, we understand that the vast majority of people do not make personal injury claims often, therefore we will talk you through every step of the complex process to ensure you know exactly what is going on with your claim. At Lawford Kidd we believe we have the experience and skills to get you the compensation you deserve.
Our team of solicitors will need to know as much as possible including details of how you were injured. If this is in an accident, we will need to know where, when and how the incident occurred. Photographic evidence is also preferable if you were injured by tripping on a loose slab on a pavement. Contact details of witnesses will also be required as at Lawford Kidd we conduct our own investigation, thus we will cross reference witness accounts with yours and others to build the strongest possible claim.
If you were injured in a road traffic accident, further details will need to be provided for the other vehicle involved in the incident and the details of the car. Insurance information and other information should also be provided. If you have been injured we strongly advise you to seek medical advice to get a medical report. This can prove beneficial in the short and long term, not only will this give you peace of mind and monitor your injuries, but will also allow you to prove that your injuries are genuine. To conclude, any evidence that you may be able to provide could prove vital, the more evidence our team has, the more chance our solicitors have of getting compensation.
It is important to note that you can only make a claim if you were not at fault for your injuries. If you were involved in an accident as a result of negligence or error of someone else you will be entitled to make a claim for compensation. Conversely, if you were at fault, you are not entitled to any compensation. Regardless of when your accident occurred if it happened in the last three years you will be able to claim compensation.
If you are entitled to damages, you can claim for more than just your injuries. It is possible to claim for loss of earnings if you were unable to work, rehabilitation costs and damages to anything involved in the accident, e.g. a bike or vehicle.
At Lawford Kidd, we believe that you deserve compensation if you have been injured in an accident. We operate on a no win, no basis meaning that if you do not receive compensation, we do not get paid. To find out if you can make a no win, no fee claim, contact our team of specialist lawyers today.