Social Media and Personal Injury Claims: Think Before You Post

Over the years, social media has come to play a larger role in the lives of individuals and in society in general. However, social media can become a double-edged sword if you're considering or already pursuing a personal injury case after an automobile accident.

When it comes to a personal injury claim, you should think very hard about what you say on social media, or if you should use social media at all. Here's a look at why you need to think and think twice before you post.

What to Understand about Social Media and Personal Injury Claims

Your personal injury claim hinges on the negligence of another. When seeking damages, you'll want to look for compensation for everything that can come along with an accident, including lost wages, medical expenses, pain and suffering, emotional distress, and anything else that you might deserve.

To that end, you'll have to show how negligence occurred and how it contributed to or caused your injuries. You also must show the breadth of the effect your accident has on your life. So, what happens when the insurance company for the defendant brings up your social media posts as evidence you haven't suffered as much as you claim?

How Social Media Posts Can Hurt Your Case

These days, you should automatically assume your social media posts will fall under scrutiny in legal situations. For example, you may claim you have a terrible back injury and might have the medical documentation to prove it's as terrible as you say. However, the other party's insurance company may find you've posted a current video of you enjoying a live basketball game.

While the other party may not know the extent or minutiae involving your injury, they can still use that video and anything else they find as evidence you deserve less than what you're asking for or nothing at all. That same scenario can apply to something more nebulous, like emotional distress.

The insurance company might find you online and see you joking, smiling, playing, looking, or writing as if you're having a wonderful time. Once again, the other party may not know how your depression or distress works, but it's another thing they can add to any other evidence that says you're not as distressed as you claim.

Even indirect posts can affect your claim. Doing things like posting about everything you plan to do with your settlement or showing you don't have as great a financial strain as you claim can hurt you. The bottom line is, that anything you post online can become ammunition for insurance adjusters and others to cast doubt on your claim if you're not careful.

How to Safely Post to Social Media During Your Claim

Ideally, completely cutting off social media until case resolution works best. We understand that's not a realistic request for everyone and it's a hard thing to do these in general. If you need to maintain your online presence or just refuse to let social media go for a time, there are a few things you should do to mitigate any potential issues:

• Limit your social media activity as much as you can.
• Always consider what you're about to post, and refrain from sharing if you have even a single doubt.
• Learn, understand, and use the platform's privacy settings.
• If you post photos, make sure they align with the conditions stated in your claim.

Also, don't assume that having a private profile protects you from these possibilities. It can help, but under certain circumstances, it's possible to subpoena a social media service for information during discovery or to purchase information from a data broker.

What You Should Not Do When Posting

If you're going to continue posting, here's what you absolutely shouldn't do:

• Do not speak about or post pictures of your injuries or the treatment of your injuries.
• Do not post pictures or videos that can contradict your claim in any possible way.
• Do not talk about the ongoing legal process, even if you're frustrated by it.
• Do not post or say anything negative about the defendant or their legal representation.
• Do not accept any unfamiliar friend requests and vet any new ones that you think are from people you know.

Avoid too much interaction with others on the platform, as you or they may reveal information related to your claim. Ask friends, family, and those around you to abide by these same rules when it comes to social media.

If someone does post something about you or your situation, politely ask them to remove it immediately. If you're comfortable with doing so, report the post to the platform and request its removal. You can explain the importance of doing so later.

No matter what, you should consult your legal representative about posting to social media. A personal injury attorney familiar with you and your case can give you the best guidance when it comes to using social media leading into or during a personal injury case.

If you've suffered an injury from an automobile accident, or just want to discuss social media best practices when it comes to your case, contact the legal team at Jeeves Law Group, P.A. today.