While pursuing a personal injury claim, it’s important to live your life as normally as possible. However, you should be mindful of how your activities might be perceived. Insurance companies may conduct surveillance even when liability is admitted. So, if you’re considering a personal injury claim:
- Never exaggerate your injuries or limitations to increase your claim
- Be honest about your condition
- Seek advice on legitimately maximising your claim value
- Always follow and document your doctor’s advice about activities
- Try to maintain normal activities within your limitations, but don’t overexert yourself
Personal Injury Surveillance: Are You Being Watched?
Insurance companies sometimes use secret surveillance to prevent fraudulent personal injury claims, especially for high-value cases involving serious, long-term injuries.
While it’s reasonable for insurers to protect against fraud, this practice can make genuine claimants anxious about living their lives normally. Media stories of fraudsters being caught exaggerating their injuries have contributed to this fear.
However, fraudulent claims are rare. At Direct2Compensation, we support catching fraudsters as it maintains trust in the UK’s personal injury claims process. Unfortunately, this scrutiny can unfairly impact honest claimants.
Many claimants are frightened to attempt basic activities such as walking their dog or taking children to the park. Why? Because they think that they could be filmed and accused of fraud by a defendant insurer. This is not really the case and is a bit of a myth. The only people who need to worry are dishonest claimants.
Remember, genuine claimants have nothing to fear. Our expert solicitors can guide you through the process, ensuring you receive fair compensation while maintaining your integrity.
The Importance of Living Normally
When you’re in the process of claiming personal injury compensation, you might feel uncertain about how to go about your daily life. Should you avoid certain activities? Can you return to work? What if you’re seen enjoying a social event? Here we’ll address these concerns and provide you with practical advice on how to live normally while ensuring your claim remains strong and credible.
Maintaining Physical and Mental Well-being
Continuing with your normal activities, as much as your injury allows, is crucial for both your physical and mental well-being. Regular routines and activities can aid in your recovery process, helping you maintain strength and flexibility. Moreover, staying engaged in daily life can prevent feelings of isolation or depression that sometimes accompany injury recovery. By maintaining a sense of normalcy, you’re not only supporting your physical healing but also protecting your mental health during what can be a challenging time.
Demonstrating the True Impact of Your Injury
Living as normally as possible allows for a more accurate demonstration of how your injury affects your daily life. By attempting your usual activities, you’ll naturally encounter and can document any limitations or difficulties you experience. This provides a realistic picture of your recovery journey and helps in accurately assessing your compensation needs. It’s much more effective to show how your injury impacts your actual life rather than presenting a hypothetical scenario of limitations.
Balancing Activities with Your Claim
Work and Employment
Returning to work, when medically advised, can be an important part of your recovery and your claim. It’s essential to communicate openly with your employer about any limitations you have due to your injury. If possible, consider a phased return or modified duties. Document any difficulties you experience at work, such as pain after sitting for long periods or inability to perform certain tasks. This information can be valuable for your claim, showing the real-world impact of your injury on your professional life.
Social Life and Hobbies
Maintaining your social life and engaging in hobbies, within the limits of your capabilities, is important for your overall well-being. However, be mindful of your physical limitations. If you usually play sports, for example, you might need to adjust your participation or try less physically demanding activities. Document any pain or discomfort you experience during social activities or hobbies. This can include things like difficulty sitting through a movie, inability to participate in your usual sports team, or needing to take frequent breaks during social gatherings.
Physical Exercise and Sports
When it comes to physical exercise and sports, follow medical advice. Your doctor or physiotherapist can provide guidance on suitable exercises that won’t exacerbate your injury. They might recommend specific rehabilitation exercises or low-impact activities. Avoid activities that could worsen your condition, but don’t shy away from doctor-approved exercise. Engaging in appropriate physical activity can aid your recovery and demonstrate your commitment to getting better. Keep a record of your exercise routine, noting any limitations or pain experienced.
Documenting Your Recovery Journey
Keeping a Recovery Diary
Maintaining a detailed recovery diary can be invaluable for your claim. Record your daily pain levels, medication use, and any limitations you experience in your activities. For example, note if you had trouble sleeping due to pain, if you needed help with household chores, or if you had to take breaks while running errands due to fatigue or discomfort. Also document any good days where you felt improvement. This comprehensive record provides a clear picture of your recovery journey and the ongoing impact of your injury.
Medical Follow-ups
Attending all scheduled medical appointments is crucial, not just for your recovery but also for your claim. Be honest with your healthcare providers about your progress, reporting both improvements and setbacks. Keep detailed records of all medical advice, treatments, and any prescribed medications or therapies. This medical documentation serves as official evidence of your injury and recovery process, strengthening your claim.
Photographic Evidence
Visual documentation can be powerful evidence in a personal injury claim. Take regular photos of visible injuries throughout your recovery process. If your injury requires the use of mobility aids like crutches or a wheelchair, or if you’ve had to make adaptations to your home or vehicle, document these as well. These images provide concrete evidence of your injury and its impact on your daily life.
The Role of Honesty in Your Claim
Being Truthful About Your Capabilities
Honesty is paramount in a personal injury claim. It’s important to be truthful about both your limitations and your capabilities. Don’t exaggerate your symptoms or limitations, as this can seriously undermine your credibility if discovered. At the same time, don’t hesitate to report genuine difficulties or setbacks. If you notice improvements in your condition, be honest about these too. The goal is to present an accurate picture of your injury and recovery, not to maximise perceived disability.
Avoiding Activities That Could Harm Your Claim
While it’s important to live normally, you should avoid activities that are explicitly prohibited by your doctor or that could be seen as inconsistent with your reported injuries. For example, if you’ve claimed a severe back injury, engaging in high-impact sports could raise questions about the severity of your condition. Use common sense and consider how your actions might be perceived in the context of your claim. If you’re unsure about whether an activity is appropriate, consult with your solicitor or medical provider.
Social Media Considerations
The Impact of Social Media on Claims
In today’s digital age, it’s important to be aware that insurance companies may monitor your online presence as part of their investigation into your claim. Posts, photos, or check-ins on social media can be misinterpreted or taken out of context, potentially harming your claim. For example, a photo of you smiling at a social event could be used to question the severity of your pain or emotional distress, even if the reality is that you were struggling through the event.
Best Practices for Social Media Use
During your claim process, it’s advisable to be cautious with your social media use. Consider increasing the privacy settings on your accounts to limit who can see your posts. It’s best to avoid posting about your injury or the claim process altogether. Be mindful of photos or check-ins that could be misinterpreted. For instance, a check-in at a gym could be problematic if you’ve claimed limited mobility, even if you were there for approved physiotherapy. If you’re unsure, it’s often best to err on the side of caution and limit your social media activity during the claims process.
Communicating with Your Legal Team
Keeping Your Solicitor Informed
Open and honest communication with your legal team is crucial for the success of your claim. Report any significant changes in your condition, whether improvements or setbacks. If you’re unsure about whether certain activities are appropriate, discuss these concerns with your solicitor. They can provide guidance on how to navigate daily life while protecting your claim. Also, inform your solicitor of any major life changes you’re considering, such as changing jobs or moving house, as these could impact your claim.
Following Legal Advice
Your solicitor is there to guide you through the claims process and protect your interests. It’s important to adhere to their recommendations, even if you don’t always understand the reasoning behind them. If you’re unsure about any advice given, don’t hesitate to ask for clarification. Your solicitor can explain how certain actions might affect your claim and why they’re recommending particular courses of action. Remember, their goal is to ensure you receive fair compensation for your injuries.
By following these guidelines and maintaining open communication with your legal team, you can live as normally as possible while ensuring your personal injury claim remains strong and credible. Remember, the goal is to accurately represent the impact of your injury on your life while focusing on your recovery and well-being.
A Real Life Example of Personal Injury Surveillance
I have experience of a claimant who suffered life changing injuries in a car accident. A 30-year-old chef and avid sportsman suffered life-changing injuries in a car accident, including a severely fractured pelvis requiring surgery. Medical experts agreed that he would never fully recover, affecting both his career and sporting activities.
Despite the prognosis, his surgeon advised staying active to prevent further deterioration. To this end, he was told that he should play tennis if he wished, that he could ride his bike and do things like cut the grass. Luckily, his surgeon had recorded this advice within the claimants medical records.
Two years into his five-year claim process, the claimant was shocked to discover he was being filmed while playing tennis with his 70-year-old father and mowing his lawn. This surveillance occurred even though liability had been admitted and both parties’ medical experts agreed on the extent of his injuries.
The claimant felt distressed and undermined by this surveillance, which seemed to question his integrity despite clear medical evidence supporting his claim.
Remember, it’s in everyone’s interest for injured parties to recover as fully as possible and maintain the best quality of life they can. Stay active as medically advised, but always be honest about your condition and capabilities.
If you are not sure about where you stand regarding your injuries and your recovery, your life and what to do, contact us. We can help to put your mind at rest and allow you to focus on recovery and living as normally as possible.
0 questions have been answered on this subject - ask us your question