Most people have several social media apps on their phones or even log into them on other devices. Sharing information, photos, and memes may help you feel connected to friends, family, and even colleagues. However, if you’ve recently initiated a personal injury claim, you should take a step back.
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How Is Social Media Used in Personal Injury Claims?
Your social media activity is one of the things that will be heavily scrutinized by the insurance company after you file your claim. When you seek legal help from a slip and fall lawyer in Los Angeles or from a car accident attorney, one of the first things they are likely to tell you is to stay off social media, as it can harm your case.
All of the various platforms for social media have become a fountain of valuable information over the years, particularly with personal injury claims. Now that this content can be used in court proceedings, anything you post or comment on could be used as evidence.
While plaintiffs and defendants alike can utilize these social media resources, personal injury victims should be especially cautious. Defense attorneys will be scouring your Facebook, Instagram, and other social media accounts to find anything that may contradict your claims.
These little snapshots of your life, activities, and state of mind can be pooled into evidence, even if they are marked as private. The defense will look for any posts showing you engaging in physical activities that are inconsistent with the injuries you’ve claimed. They may also pull photos of your trips or social events you’ve attended, comments or status updates, and comments friends and family have made on your posts.
As a personal injury claimant, you must be cautious about social media while your case is active. It is best to limit or even halt usage until your case has been resolved, otherwise, you may wind up jeopardizing your claim.
What Does the Defense Look for on Social Media to Use Against Personal Injury Claims?
One of the most common ways that social media is employed to debunk a plaintiff’s injury claim is by looking through posts for contradictory content. You may have snapped a selfie smiling through your pain while your friends and family visited you, but it can be misconstrued that you are not suffering as you’ve claimed.
Check-ins are also a common source of turning a plaintiff’s claim on its heels. If you’ve checked in at an event or the gym, or a friend has tagged you, it can conflict with your case. Ultimately, anything you post, no matter how innocent it may be, could be thrown at you in court to throw out your case.
What to Do and What to Avoid in Terms of Social Media During Your Active Personal Injury Claim
Your attorney will most likely tell you to stay off social media until your case has been resolved. It is sound advice, considering that anything can be used against you. However, if you continue to use your social media apps, then you should set all profiles to private.
Adjusting your privacy settings does not guarantee full privacy, and legally, your profiles can be subpoenaed. Still, it can limit who can see your posts and personal details. If you do this, be mindful of what you share, both for avoiding having something innocent turned against you as well as to keep the details of your accident and injuries private.
It is best to follow what your lawyer recommends, and if they tell you to take a break from social media until a settlement or verdict is reached, that’s what you should do.
As for things to avoid, never talk about your case, and never accept new friend requests if you continue to use your social media accounts during your personal injury claim. The defense attorney or representatives from the insurance company may create fake profiles in an attempt to gather more information.
Above all, one thing attorneys say you should never do on social media after a personal injury is delete content. Anything you delete can negatively impact the outcome of your case, and it could bring additional legal consequences along with it since it would be considered tampering with evidence.
The Verdict Is In: Stay Off Social Media Until the End of Your Case
The defense team will have the skills to create a narrative that depicts you unfavorably based on your social media posts and interactions. It’s a huge risk to continue your engagement on these platforms, which is why your attorney will tell you to stop posting on them.
Andrej Fedek is the creator and the one-person owner of two blogs: InterCool Studio and CareersMomentum. As an experienced marketer, he is driven by turning leads into customers with White Hat SEO techniques. Besides being a boss, he is a real team player with a great sense of equality.