In today's digital age, social media has become an integral part of our daily lives. People use it to share their experiences, connect with friends and family, and even seek legal advice. However, social media can sometimes be detrimental to personal injury claims.
Yes, you can post on social media while your claim is ongoing. However, posting and sharing content online, especially about the accident, your injuries, or case details, is not in your best interest.
Social media posts and content can be used against you in court. In this blog post, we will explore how social media can affect your injury claims and what you can do to protect yourself.
Social Media Can Be Used to Surveil You & As Evidence
Social media can have a significant impact on your injury claims. Insurance companies and defense lawyers often use social media posts against plaintiffs to weaken their claims.
For instance, if you have filed a personal injury claim, and then post pictures of yourself engaging in activities that contradict your disability claim, it could harm your case. In some cases, insurance companies might argue that you are not as injured as you claim and use your social media posts as evidence to support their defense.
It is important to note that social media platforms like Facebook, Twitter, Instagram, and others are public by default. This means that anything you post online, including messages, photos, and videos, can be used by other people, including insurance companies and defense lawyers.
Social Media Tips for Personal Injury Victims
One way to protect your injury claim from social media is by setting your privacy settings to the highest level. You should only connect with people you know and trust and make sure that your friends are careful about what they post about you, and you should also avoid posting anything that contradicts your injury claim or portrays you engaging in activities that could harm your case.
Here are a few examples of what to do avoid posting after your accident and during your lawsuit:
- Don't share personal information. You should keep information like your address or phone number off social media.
- Don’t share (or overshare) details about your injuries or the accident itself. While it can be tempting to share your personal experiences with others, don't share too much information about your injury or medical treatment publicly. This can affect your case if you are involved in any legal proceedings.
- Don’t post an apology. If you apologize or say you are sorry about what happened, the opposing counsel may try to prove that you are at fault for the accident.
- Don’t speculate about the proceedings. Regardless of how you think the case is going, don’t post about the proceedings or case progress. Avoiding discussion about anything related to the case is in your best interest.
- Don’t post photos or videos of you doing physical activities. If you post about going bowling or out with friends, the opposing counsel may argue that your injuries are not as severe as you are claiming.
- Don’t post about new expensive purchases. The opposing party may claim that you are filing this claim under false pretenses for the financial benefits.
Here are some more practical and effective social media tips to help you navigate the world of social media after a personal injury:
- Look for support groups and resources. Social media can be a helpful tool to find support groups and resources related to your injury. Look for groups that relate to your specific injury or condition and join local groups to connect with others in your area. Certain social media platforms may be more appropriate for personal injury victims than others. For instance, a visually focused platform like Instagram may not be the best choice for someone who wishes to connect with others on their injury experiences. Look for platforms like Facebook or Twitter, which may have groups specific to your needs. Again, be mindful of what you share in and with these groups.
- Ignore negative comments. Unfortunately, negative comments may arise, but do not engage with them. Instead, focus on the positive messages and support you receive from others.
- Use social media to your benefit. It is generally not wise to discuss legal or insurance matters on social media, but you can use these platforms to connect with your lawyer. For instance, if the other party is posting negative comments about you or you posted something you are concerned about, you can share those posts and comments with your attorney.
Another way to protect yourself is by avoiding social media altogether until your case is resolved. The less information you put out there, the better off you are. As we mentioned, insurance companies and defense lawyers often monitor social media accounts to gather information that might be used against plaintiffs, so a social media hiatus can be beneficial for your case.
Discuss Your Concerns with Our Attorney
Social media can have a significant impact on your personal injury claim. Your social media profiles can be used against you, so it is important to be careful about what you post online.
It is essential to remember that anything you post can be used against you, so it is better to be safe than sorry. If you have any questions or concerns about how social media can affect your injury claim, please reach out to a personal injury attorney who can provide you with professional advice to help you win your case.
At the Law Office of Joseph A. Lazzara, P.C., our attorney has decades of legal experience. Known for our dedication to our clients and commitment to excellence, you can trust our firm will work with your best interest in mind. Once you retain our services, we can help you develop a personalized case strategy, answer any questions you may have about social media usage, and help you fight to receive the best possible settlement award.
Get started on your case today. Call (720) 809-8262 today to schedule an initial consultation.