Can Social Media Affect Your Personal Injury Case?
Social media is just about everywhere.
We use it to stay in the loop regarding the news, media, and friends.
Social media users have access to a vast array of publishing tools they can use to broadcast just about anything.
This largely unregulated behavior has become second nature to us, for better or worse.
Many of us unknowingly publish information that could come back to haunt us later in life, whether in a job interview or even a personal injury claim.
Insurance companies will fight hard to minimize damages paid to a personal injury victim.
If they can, they will avoid payment altogether to the accident victim.
Insurance agents and their defense attorneys use many different strategies to avoid liability.
In high-dollar personal injury, medical malpractice, and workers' compensation cases, some even hire investigators to prove that the claimant's injuries aren't as serious as they claim.
Those investigators now have a much easier job thanks to the Internet and its easily trackable digital footprint.
Social media content makes it easy for an insurance agent to withhold compensation from an accident victim.
The average person shares countless glimpses into their daily life through social media.
That means injury victims have more chances to make innocent mistakes that can seriously damage their claims and cost them thousands of dollars. What you may think is an harmless or innocuous post, could have a negative impact on your personal injury case.
In the article below, we will take a look at how social media can damage your personal injury lawsuit.
Table Of Contents
- How Social Media Can Impact Your Personal Injury Case
- Social Media Posts Can Be Used as Evidence Against You
- How Social Media Can Keep You From Getting Your Maximum Compensation
- How To Manage Your Social Media Before Your Case Is Settled
- How a Personal Injury Lawyer Can Help
How Social Media Can Impact Your Personal Injury Case
Social media is a powerful tool, so there is a great chance it will impact your personal injury case and turn it into an even more challenging process.
If you are injured and want to tell people about it online, you might find yourself in trouble if you're involved in an ongoing lawsuit.
Here are some things to consider when talking about your injury in your online life.
First, make sure you are being truthful.
Don't lie about how badly you are hurt or exaggerate your injuries or any bodily pain you may be experiencing.
This could hurt your credibility and damage your reputation.
Also, don't put anything out there that you wouldn't want someone else to see.
For example, please don't post pictures of your bruises unless you know the person seeing them won't go public with those photos.
Second, think carefully about what you say.
Before you hit "post," ask yourself whether what you are saying is accurate or even necessary to post.
Is it really necessary to talk about your injury? Could it put your claim at risk?
What does it add to the conversation? Does it help others understand better? Will it help you recover faster?
Think about the purpose of your posts before hitting publish.
Third, don't give away too much information.
There are limits to how much information you can provide without risking your privacy.
Limit sharing certain types of information, especially things like your medical records.
And don't take pictures of your injuries.
Unless you take a picture of your injury for a specific reason, don't snap a photo of your bruised face or broken bone.
Finally, don't rely solely on social media to communicate with friends and family.
Make sure you communicate via phone calls, text messages, and emails.
But the best advice we can give you is to stay off socials completely after an accident.
Social media evidence has derailed otherwise successful personal injury claims, and it could easily happen to you.
Social Media Posts Can Be Used As Evidence Against You
Social media evidence have become a part of many personal injury cases.
If you've been injured in a car accident, your first thought might be to post about it online.
Insurance companies are interested in your social media records and want to see how active you are on social media.
They look for anything that shows you doing regular physical activities like working, eating dinner, or attending school events to hold against your claims of injury.
Private investigators can go as far as creating fake profiles in hopes that you accept the friend request to get access to your private posts and other personal details.
This includes posting pictures of yourself, tagging friends, liking photos, commenting on others' posts, and even retweeting someone else's tweet.
All of these actions appear in your timeline and can be used against you in court.
Insurance companies assume people tend to exaggerate injuries and exaggerate damages and receive better compensation benefits.
So, if you do anything besides post about being hurt, they assume you aren't hurt.
But if you post about being hurt, they assume you exaggerate everything to enhance your injury claim.
In some states, insurance companies can ask questions about your social media records during depositions.
If you think your insurer might try to use your social media posts against you, you should stay entirely off social media networks.
And remember, not even private messages are private anymore.
If you're worried you may have already done something to harm your case, reach out to a personal injury law firm today.
Be Aware of New Friend Requests
You need to know what happens when you accept a new friend request on social media after an accident.
If you receive a request from someone you don't know, ask yourself why they want to connect with you.
Is it because they see something interesting on your profile to incriminate you?
Social media pictures, even of your everyday life after an accident, can be incriminating.
If you receive any friend requests after your accident, be sure you know them personally.
Otherwise, you might accept the friend request of the defense attorneys looking to minimize your injury claim.
Do Not Comment On Other Social Media Posts
You might think you're doing a good job by not posting pictures, status updates, or tweeting anything new after your accident.
However, commenting on other people's social media posts can be just as harmful to your case as posting a picture.
Anything that is posted on social media could be used to contradict your claim and ruin your case.
This includes commenting on other social media posts.
Do Not Delete Anything From Your Social Media Accounts
The Internet never forgets.
Even though we might try to forget and delete things, there are ways to make sure that information stays online forever.
Before you post something embarrassing on Facebook, Twitter, Instagram, etc., take a few minutes to think about how the post could impact your injury claim.
Never rely on the delete button to fix a mistake.
Assume everything you post on the Internet will always be on the Internet.
By never posting something in the first place, you can avoid having to explain yourself later.
There's a chance that the insurance adjuster or defense attorney or defense attorney will take a screenshot of all of your posts.
If it is discovered that you deleted something, you may incur legal trouble for destroying evidence or negative optics if the case goes to a jury trial.
And if they don't have screenshots but notice a huge gap in your post history, they may assume you posted things that could have harmed your case.
Do Not Check In Anywhere
It might seem harmless to let your Facebook friends or Instagram followers know where you're eating lunch or hanging out with your family during the weekend.
However, if you claim to have suffered an injury that limits your mobility, "checking in" to the gym or a state park might result in problematic and contradictory evidence.
Keep your record clean by not posting or checking in anywhere until your accident case is resolved.
Insurance companies scrutinize personal injury cases.
A simple check-in to your favorite restaurant could cost you a few thousand dollars when it's time to negotiate your settlement.
How Social Media Can Keep You From Getting Your Maximum Compensation
Any information on your social media profiles can help determine whether someone deserves compensation or not.
Insurance companies will search Facebook and Twitter for social media records of potential fraud evidence.
If they find anything suspicious, they might deny or devalue your claim.
Don't post about an accident or illness on social networks unless you know how to keep it confidential.
But even with your privacy settings all locked down, information can still get out.
People often do not realize that posting something online makes it public, and the expectation of privacy gets a lot of people in trouble.
Even if you don't intend to tell everyone, there's no way to control what happens once you hit publish.
Stay offline as much as possible until your case has settled.
Many of us need a break from our online life anyway.
Once the court claims process is complete, you can return to the online world. Just be sure to double check any confidentiality agreements that were part of the settlement terms.
Your Social Media Posts May Be Subject to Discovery Requests Or A Court Order
The downside to having online activity on sites like Facebook, Instagram, and Twitter is that your accounts become part of your public record.
And while most people think that their personal information stays private once they delete something off their online presence, it does not.
Even if you delete something, your account likely still exists in the cloud somewhere.
Someone who obtains a court order or your consent could potentially access your deleted content.
And because your social media activity appears in public view, it becomes subject to discovery requests in litigation.
For example, if you are suing over a product defect or a slip and fall injury, attorneys may request your social media history as evidence.
To avoid this risk, consider avoiding your social media profile altogether.
How To Manage Your Social Media Before Your Case Is Settled
In a perfect world, social media can be beneficial for your case.
You can use it to show how much pain you are experiencing, how long it took to heal, and even how much money you spent on medical bills.
But you should still be very careful about what you post, even if you think it shows how much you are suffering.
And there are some things you just shouldn't do while waiting for your case to settle.
If you've been injured, don't post new photos of yourself.
This could make lawyers think you're just trying to embellish your injuries.
Don't post new videos of yourself either. Just one minor slip-up in a video could derail your entire case.
Just don't mention your case at all.
There is power in silence, especially on social media.
How A Personal Injury Lawyer Can Help
Personal injury claims are complex, especially when social media is involved.
An experienced personal injury attorney with a successful track record working on your behalf can protect your rights and get you your full compensation.
They will tell you what you can and cannot post on your social media accounts.
They will also handle all communications with the negligent party and their insurance company so you can focus on your physical recovery.
If you are searching for a personal injury lawyer, contact an experienced attorney at Helping The Hurt.
They will do everything they can to ensure you get the settlement you deserve in your personal injury lawsuit.
Click the button below to get started with a free consultation.
FAQs
How Social Media Can Damage Your Case
If you're not careful, social media can break your case.
Here are some of the most common questions we get about social media from clients:
Am I allowed to post information about my case on social media?
No! It is critical that you do not discuss your case on social media in any way.
The opposing party will search social media for any and all information about you.
Even if your profile is private, they have ways to gain access to your profile.
They'll try to discredit your case with whatever you post.
Is it okay to post images of myself and information about my case on my private social media accounts?
No. Investigators and opposing counsel can access and obtain information from your social media accounts.
For example, images of you participating in activities could be shared by people who have access to your private social media.
The photographs may be found if your name is "tagged" on their social media. The opposite party will use images like this against you.
Investigators and attorneys have also been known to create fake accounts to "friend" you or have asked people off your Friends List to access your profile.
What can I do about family and friends who have posted about my case on social media?
Tell them that anything they say about you on social media could be used against you in court.
Request that they respect your privacy.
They should not post anything about you until the case is settled.
References:
https://www.plevinandgallucci.com/social-media-personal-injury/
https://www.shirvanianlawfirm.com/personal-injury/lessons-learned-social-media-mistakes-avoid-after-accident/