We live in a digital world, and many people choose to share details of their life online through social media platforms. While these posts can be an effective way to connect with friends and family members who are far away, there are sometimes consequences to posting about your life on social media… especially if you are dealing with legal issues.
As you are going through the claim process after a personal injury, it’s likely that the insurance adjuster will review your photos, posts, and interactions. They are going to scrutinize everything in an attempt to reduce the amount of money that is paid for your settlement.
There is a significant impact of social media on lawsuits, which is why you should consult with our legal team before posting anything on social media. Even posts that seem to be unrelated to your accident could have a negative impact on your compensation.
How Social Media Posts Can Affect Your Case
It doesn’t matter what you are posting or sharing about: even casual posts can be used against you. For example, if there are inconsistencies about things that you have shared online vs. the details in your claim, then it can weaken your case. You might have detailed information in the claim about the injuries that you sustained, but the insurance adjusters might try to use the activities that are pictured in your photos to prove that the injuries are less severe.
Any type of online activity can have a negative impact on your injury claim. So, it’s usually best to avoid all types of activities on social media sites, including check-ins, tagged locations, photo sharing, and status updates.
Examples of Harmful Social Media Activity
To avoid insurance companies from using social media as evidence in court, these are examples of the most common social media mistakes after an accident that should be avoided:
- Posting photos or videos that could potentially contradict your injury claims.
- Sharing any details about the accident.
- Public posting about the ongoing case.
- Making casual statements or jokes about the accident.
- Posting hostile comments or arguing with the other party online.
The best thing that you can do is take a break from posting on social media during this time. You don’t want to accidentally provide evidence that the insurance company can use against you, which is why you should minimize your online activities.
Why Privacy Settings Do Not Guarantee Protection
Some people assume that it’s ok to post on social media because they have strong privacy settings. But the truth is that your posts and the things that you are sharing can still be used in court, even if you don’t share these things publicly. For example, private profiles can be subpoenaed by the court.
Other ways that your posts might get out are if friends or family members share your posts or photos of you, which makes this online content public.
Remember that insurance investigators are skilled at getting around privacy walls. If you have something online, then there is a good chance that they will find it.
The Role of Insurance Companies in Monitoring Social Media
Many victims are wondering how social media affects personal injury cases. Insurance companies use social media regularly as a way to gather more information and look for evidence that will discredit your claim. They search social media platforms regularly to find inconsistencies since this content could be used to minimize your injuries… which in turn might reduce the settlement offer that you receive.
Even if you usually post on social media regularly, you need to consider the potential cost of these posts when you are dealing with a personal injury claim. One post could be grounds to reduce your settlement by thousands or even tens of thousands of dollars. It’s not worth it.
Using Social Media Evidence in Court
The impact of social media on lawsuits can show up in the courtroom. Attorneys might try to challenge your credibility by presenting the posts and photos that you have shared.
Since social media is so widespread in our modern world, it’s very common that judges will allow this type of evidence to be used if it is relevant to the case. This type of social media evidence in personal injury claims could strengthen defense arguments and make it harder for you to receive the compensation that you deserve.
Common Social Media Mistakes to Avoid After an Accident
Here are a few of the social media mistakes that you should avoid if you or a loved one has been injured in an accident:
- Posting regular daily updates, especially if the photos or videos contradict medical advice for your recovery.
- Sharing lawyer communications or any details about your settlement.
- Complaining or venting frustrations.
- Accepting friend requests from anyone that you don’t know.
FAQs
Can social media posts be used as evidence in a personal injury case?
Yes, it’s common for courts to accept social media posts as evidence, as long as the post is relevant to your case.
How do insurance companies monitor social media after an accident?
They perform ongoing reviews of your posts, photos, and all other interactions that are happening through your account.
What type of social media activity can hurt my case the most?
Can private messages on social media be used in court?
Even when messages are shared privately, they can still be used in court. The court might subpoena these messages so they can be admitted as evidence.
Consult with a Personal Injury Lawyer and Think Before You Post
The most important thing that you can do is hire an experienced personal injury lawyer to help with your case. Discuss your legal strategy and get advice about what you should (and shouldn’t) be posting online.
The unfortunate reality is that social media can sometimes make or break the outcome of a personal injury claim. So, it’s critical that you understand the impact of social media on lawsuits and avoid some of the most common mistakes that were discussed in this article.
For more information about building a solid personal injury case, reach out to our experienced legal team at Green Law Firm. Contact us to book a free consultation with a skilled personal injury attorney: (956) 542-7000.
