Social media has become a big part of our lives. We use it to stay connected with family and friends, share news, and stay up-to-date on the latest trends.
However, you may not realize that social media personal injury posts can jeopardize your claim.
In this article, we will discuss why it's essential to pay attention to what you post on social media while going through a personal injury claim.
Social Media Plays a Big Role in Court
Social media now plays a role in court cases. Attorneys actively look for inconsistencies exposed on Facebook, Twitter, Tik Tok, or Instagram. It's easy to unknowingly place social media personal injury posts that allow the other party to discredit your claims.
Social Media Can Damage a Personal Injury Claim
You might need to file a personal injury claim after experiencing an injury. You may also be active on social media, sharing your experiences with family and friends.
Your social media personal injury posts can jeopardize your personal injury claim in the following ways:
- Used as evidence against you
- Impact your credibility
- Make it challenging to receive a fair settlement
Let's take a closer look at how you might negatively affect your claim.
You Could Contradict Your Testimony
When injured, you need to provide testimony about the accident. Doing so will likely include describing the following details:
- What happened leading up to the accident
- What occurred during the accident
- How your injuries impacted your life since
Your social media posts could become evidence against you if they contradict your testimony. For example, you might claim you cannot work because of your injuries, but social media posts that show you doing physical activity provide documentation that works against you.
Or, it can provide the other side ammunition if you're claiming lost wages while posting your vacation photos on social media.
Social Media Posts Can Cause Inconsistencies
The opposing insurance company will likely hire an investigator. This person's job is to find anything they can use to disprove your injuries. Any post on social media is fair game and can reveal inconsistencies.
Comments From Others Can Hurt Your Case
In addition to your social media posts, investigators will also look at comments made by others on your social media posts. For instance, if you post about your accident and someone comments that you looked fine after the accident, the insurance company will use that comment to prove you weren't injured.
After an Accident, Avoid Certain Social Media Posts
Here are five topics to avoid on your social media profiles following an accident:
Aggressive, Inciting, or Angry Rants
After an accident, it's normal to feel angry, frustrated, and even scared. Social media is not the outlet for those emotions. Insurance companies will use anything you post to try and prove you're an unstable person.
Crash Scene Videos or Pictures
It's human nature to want to document everything, especially when it comes to a life-changing event like an accident. However, it’s not a good idea to post photos or videos from the accident scene. The insurance company will use them to try and prove that your injuries aren't as severe as claimed.
Evidence That Reduces Your Credibility
Social media is not the place to post evidence that could reduce your injuries. For example, if you post photos of yourself hiking or playing with your kids a few days after the accident, the insurance company will use it against you.
Admissions of Fault
Never admit fault on social media after an accident. Even if you think the accident was partially your fault, don't say anything on social media. Wait until you've talked to your lawyer.
Regret or Apology
Avoid posts that express regret or apology after an accident. The insurance company will also use these posts against you. They'll argue that your apology is an admission of fault, and it’s difficult to reverse your position in court after a social media post sets this precedence.
Use caution when using social media to post about personal injury, and you should always talk to your lawyer first. A single social media post can jeopardize your entire personal injury claim, even if it seems harmless.
Limiting your social media activity during this process is the best course of action. Even better, eliminate social media until after your case closes. Let your lawyer handle the process without providing any damaging information to the insurance company.
Get Help You With Your Personal Injury Claim
Never accept a settlement offer for a personal injury claim without discussing your case with an experienced personal injury lawyer. Once you accept a settlement, you cannot go back and reopen your claim. If the insurance company is playing hardball, a skilled, aggressive personal injury lawyer with trial experience can bring invaluable knowledge and legal strategy to maximize your claim.
When you hire a personal injury lawyer from our team at Brandon J. Broderick, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. If we don’t win, you don’t pay. Contact us today and let us turn your setback into a comeback.