Can Your Social Media Jeopardize Your Personal Injury Claim?

 In Blog, Personal Injury

Social media can be an extremely powerful tool but can also be an incriminating one. When utilizing social media, it is important to understand exactly how your online presence can impact various aspects of your real life. One aspect of your life that could potentially negatively impact is your personal injury case. It has become common practice for lawyers defending personal injury cases to check all social networking sites of personal injury victims. This is because the central focus of your case is your credibility, especially if there is no objective proof of when the injury occurred.

In addition, if you share what happened post-accident on social media, any statements you make on there could be held against you. There are a few obvious ways that your social media accounts could be used against you including by not limited to:

    • Behavioral tendencies
      • Consuming alcohol, photos while driving, high-risk activities.
    • An accident victim who claims loss of enjoyment of life or pain but regularly poses for “happy” pictures.
    • An accident victim claiming incapacitating injuries but posting videos or photos of strenuous activities.
      • Dancing, hiking, running, working out, etc.
    • An accident victim claiming financial loss or lost wages sharing affiliate links, showing off brand-new items, making large purchases, taking vacations, or even sharing home improvement projects.
    • An accident victim whose settlement agreement contains a confidential clause but announces settlement on social media pages.

There are some best practices for social media during a personal injury claim that can help make sure your social media does not become a factor in you getting denied the compensation you deserve. While some might suggest not posting altogether or deactivating their accounts, not everyone wants to take that route. Here are some tips to remember when using social media with an open personal injury claim:

    • Do not post anything related to your case including photos, comments, or statuses (unless it is to document injury/life impact)
    • Be wary of friend requests once your case is opened.
      • Sometimes defense attorneys or insurance reps will try to gain access to your social media this way.
    • Do not post anything that contradicts your claim.
    • Do not delete any posts or messages.
      • This could possibly be twisted into that you are trying to hide evidence.
    • Do not air out your frustration on social media.
      • While accidents and injuries can be frustrating, talking out of anger, frustration or any other emotion could ultimately be used against you.
    • Tell friends and families of posting limitations during your personal injury case.
      • It won’t always just be your profile people will look at, especially if friends or family are tagging you in related posts.

Hand holding smart phone with social media reaction icons floating above the phoneWhile social media can certainly work against you, it can also work for you. You can freely post photos that document your injuries or an update on your recovery process and you can also use social media to show the impact that injury has had on your life. It is important though to be honest with your post, especially when it comes to documenting injuries or life impact, anything you post should be consistent with your claims to help maintain your credibility.

In all honesty, the best way to overcome any social media postings being used against your claim is to think before you post. Look at everything with a critical eye and make sure you consider all the potential consequences that post could have for your personal injury case. Even if you do not personally think it could be incriminating, look at it from an outsider’s perspective. While social media is just a snapshot of someone’s everyday life it has the possibility to hold a lot of weight for outside parties, especially a jury.

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