Social Media: What You Do and Say Can Be Used Against You... How Your Posts Can Hurt Your Personal Injury Claim
Social media is now a constant in our lives. We casually share updates, photos, and videos—sometimes capturing meaningful moments with loved ones, often showcasing our proudest achievements, and occasionally posting things we'll later wish we hadn't.
However, if you've filed a personal injury claim, you need to be extremely cautious about your online activity. What you post, even in private settings, can have significant repercussions for your case.
How Social Media Can Undermine Your Claim
Insurance companies and defense attorneys are increasingly scrutinizing social media accounts for any information that could downplay or contradict your injury claims. Here's how:
Discrediting Your Injuries: If you claim you're suffering from severe back pain, but your social media shows you water skiing or playing a vigorous game of volleyball, the opposing side may argue that you're exaggerating or fabricating your injuries.
Challenging Your Emotional Distress: Posts depicting you laughing, having fun, or enjoying social events can be used to downplay claims of emotional distress, anxiety, or depression resulting from the accident.
Contradicting Your Testimony: Seemingly innocuous posts can be taken out of context to contradict your statements about the accident or your limitations. For example, a photo of you standing for a brief period could be used to argue that you're not as limited in your mobility as you claim.
Revealing Inconsistent Information: Details shared on social media about the accident, or your activities might differ from your official statements or testimony, raising doubts about your credibility. Posts made around the time of the incident that injured you are often emotionally fueled which can impact the one’s ability to post clearly.
Post Photos Usually Aren’t Time-Stamped Remember, photos on posts usually aren’t time stamped so if it was a pre-injury photo, it could make you look less hurt, less emotionally burdened, and appear to contradict your story.
Tips for Protecting Your Personal Injury Claim on Social Media
To protect your personal injury claim, consider the following:
Limit or Avoid Posting: The safest course of action is to take a break from posting anything on social media while your claim is pending. Even temporary deactivation of your accounts can be beneficial.
Review Your Privacy Settings: If you must use social media, ensure your privacy settings are as strict as possible. However, remember that even private posts can potentially be obtained through legal means.
Be Mindful of Old Posts: Even posts from before the accident can be used against you if they suggest a pre-existing condition or an active lifestyle that contradicts your current claims.
Inform Your Family and Friends: Ask your family and friends to avoid posting any photos or comments about you or your case on their social media accounts.
Assume Everything Is Public: Adopt the mindset that anything you post online can be seen by anyone, including insurance adjusters and defense attorneys.
Do NOT Delete Old Posts – It’s long been said that “the cover-up is worse than the crime.” That’s especially true in lawsuits. Don’t make things worse by trying to scrub away your past posts.
The Importance of Legal Counsel
Navigating the complexities of social media and its potential impact on your personal injury claim can be daunting. An experienced personal injury attorney can provide invaluable guidance on how to protect your interests and avoid common pitfalls. They can advise you on what to do about your social media presence and how to address any potentially damaging posts.
If you've been injured in an accident, don't let your social media activity jeopardize your right to fair compensation. Contact a qualified personal injury attorney to discuss your case and learn how to safeguard your claim.
