Social media is engraved in all, if not most, individuals’ lives—a way to connect with others, share information, and discover new things. In a personal injury case, social media can have a considerable positive and negative impact.
On the one hand, social media postings can give valuable evidence to back up your claim, such as recording the extent of your injuries or explaining how the accident affected your life. However, insurance companies and defense counsel can use negligent or inappropriate social media conduct against you to damage your case.
Hence, protecting your legal rights and increasing your chances of a successful personal injury case requires you to learn how to manage your social media presence carefully.
How Does Social Media Posting Affect My Personal Injury Case?
Social media plays a vital role in personal injury claims, both as a potential source of evidence and a possible risk. Since most use social media platforms to share their experiences and sentiments, victims tend to communicate what they have gone through, especially when involved in an accident.
Remember that any photos, videos, or remarks posted online will make your social media content a permanent part of the public record. So posts, images, and videos on social media that show the extent of injuries, activities that can be impacted by the accident, or interactions with medical providers can all be vital evidence to back up a claim.
However, such action can also backfire and threaten your right to compensation. Most insurance providers will use your social media posts to create a narrative that may hinder you from receiving compensation.
For instance, if you claim that you have a severe leg injury from the crash, and the other party’s insurance company sees that you posted an image of bonding with your friends, they may downplay the severity of your injury and argue that you may not seem affected by the injury as you claim to be.
This is why it is crucial to limit your posting when handling a personal injury case or avoid posting altogether to prevent further complications that may hinder you from receiving compensation.
The Dos and Don’ts of Social Media Posting During a Personal Injury Case
Using social media effectively might be challenging while working on a personal injury case, as it can be evidence to support your claim or a way to reduce your settlement. Here are some essential dos and don’ts to remember while sharing anything on social media in such circumstances.
Dos
Limiting Posts
Limiting your social media activities during the personal injury claims process is critical because anything you publish online may be used against you by insurance companies or opposing parties. Even seemingly harmless posts might be misinterpreted or used out of context, undermining your argument or reputation.
As a result, limiting your social media activity helps safeguard your interests and keeps anything that might jeopardize your case.
Making Account Private
It is crucial to make your social media accounts private during a personal injury case to prevent insurance companies and opposing parties from accessing potentially damaging information that could be used against you.
Making your accounts private restricts who can view your posts, photos, and other personal information, reducing the chances of any incriminating content being discovered and used to discredit your claim. By maintaining privacy settings, you can better control who has access to your online activity and protect yourself from potential exploitation during the legal process.
Deactivating Account
Insurance companies will do everything possible to discredit you and your claim. Even if you opt for privacy settings on your social media account, insurance companies have the means to employ investigators or generate false accounts to sift through your online posts.
According to the Insurance Information Institute, 78% of insurance adjusters regularly scour social media platforms seeking evidence that could raise doubts about your claim’s validity. If you can’t limit your posts, it is best to disable your social media profiles for the duration of the case to avoid any potential hazards in your personal injury case.
Anything you share, interact with, or publish on social media sites could be used against you in court. Therefore, it’s best to cancel your accounts altogether instead of trying to make them private or exercising extreme caution when using the internet.
Don’ts
Whether the content is related to your case or not, divulging any information on social media is ill-advised during a personal injury case. Such posts can contradict your claim and may lead to additional inquiries regarding your case.
For example, you incurred back injuries from a motorcycle accident. Unfortunately, you shared that you also tripped and sustained minor leg injuries. As soon as the insurance provider saw your post, they insisted that your back injuries also result from your slip-and-accident instead of the motorcycle collision.
This is why it is crucial that you avoid sharing unnecessary information or posting for the time being to prevent complications in your case.
Admit Fault
Taking responsibility for your social media posts can significantly impact your case. Seemingly innocent remarks from internet posts can be misinterpreted and used against you, whether intentionally or not.
If you posted about your accident on social media and said “sorry,” for instance, some might take it as an admission of guilt even though you didn’t mean to. Hence, it is best to avoid posting about the accident that may seem like an admission of fault.
Invalidate Your Condition
Some victims may decide to share information about their injuries on social media. Even though it might not seem like it, posting pictures or videos of your injuries online could be interpreted as downplaying them. Insurance adjusters may minimize the severity of your injuries as a result.
For instance, you were involved in a car accident in Long Beach, resulting in severe arm injuries. A few weeks after the collision, you posted that you went to the beach with your family. Unfortunately, the insurance provider insisted that your injuries weren’t as severe as you claimed since you had the capacity to have a vacation.
In such an instance, personal injury lawyers from Long Beach law firms can protect your rights by advising you on traversing a personal injury case, such as managing your social media during such times. They will also gather the necessary evidence to justify your claim.
Conclusion
Overall, hiring attorneys is essential in personal injury claims with social media issues. They can advise you on what not to post on social media and stress the value of keeping activity to a minimum while legal processes are ongoing. Additionally, attorneys utilize their knowledge to handle tricky legal situations involving social media data, ensuring their clients’ rights and interests are safeguarded at every stage of the proceedings.
