36 - The Unseen Risks of Winning: How Social Media Can Impact Legal Outcomes
Legal Strategy in Motion: Elaine Fresch on Construction, Equine Law, and the Role of Surveillance
In this episode of The Claim Hunter podcast, host Chris Tidball welcomes Elaine Fresch, Senior Partner at Hawkins Parnell & Young, LLP, for a wide-ranging discussion on specialized litigation—from complex construction defect claims to equine law and the emerging use of social media in legal disputes. Elaine shares insights drawn from decades of experience, including how surveillance is reshaping personal injury defense and why traumatic brain injury (TBI) claims have become a flashpoint in litigation. Her deep legal knowledge and dynamic storytelling make this episode a valuable listen for claims professionals, insurers, and legal strategists navigating today’s evolving risk environment.
From Construction Defects to TikTok Fallout: Lessons from the Courtroom
Elaine’s career path began with a nudge toward litigation and quickly evolved into a distinguished practice focused on construction law—especially defect claims involving everything from faulty HVAC systems to roofing issues. She explains how determining liability often requires a granular investigation, especially when multiple subcontractors and design professionals are involved.
But Elaine’s expertise doesn’t stop at job sites. A lifelong equestrian, she carved out a second niche in equine law, handling claims tied to rider injuries and horse-related incidents. Her leadership roles with the United States Hunter Jumper Association and ABA’s Equine Law Subcommittee reflect her commitment to both the legal and equestrian communities.
The conversation takes a turn into the digital courtroom as Elaine recalls a case where, even after a Supreme Court win, the opposing party retaliated via TikTok—underscoring how social media is changing the post-trial landscape. She also highlights the value of surveillance footage in undermining exaggerated claims, such as a plaintiff alleging TBI while video showed them engaging in normal, physically demanding activities.
About Elaine Fresch
Elaine Fresch is a Senior Partner at Hawkins Parnell & Young, LLP, where she specializes in construction defect litigation and equine law. Known for her strategic defense work, Elaine has built a reputation for her litigation acumen and ability to uncover the truth through evidence-based tactics.
About Hawkins Parnell & Young, LLP
Hawkins Parnell & Young, LLP is a nationally recognized litigation firm representing corporations, insurers, and professionals in high-stakes cases. With offices across the U.S., HPY provides deep bench strength and trial experience in a wide array of industries, including construction, product liability, and toxic torts.
Links Mentioned in This Episode
Conclusion
This episode offers a compelling look into the real-world complexities of litigation across multiple specialties. Elaine Fresch provides practical takeaways on defending construction claims, managing reputational risk in the age of social media, and using surveillance to cut through misinformation. Her stories illustrate the evolving landscape of legal strategy and the critical importance of credibility, adaptability, and evidence in every case.
Key Episode Highlights
Surveillance in legal defense: How video footage can dismantle exaggerated or fraudulent claims
Rise of TBI claims: Why brain injuries have become almost standard in personal injury filings—and the concerns it raises
Construction defect litigation: The need for detailed investigations in complex multi-party disputes
Equine law as a niche specialty: How personal passion can evolve into a professional legal focus
Social media fallout: What happens when legal victories spill into digital public opinion
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