Social media is integral to daily life, providing a space to share experiences, connect with others, and document important moments. However, when pursuing a personal injury claim, what you post online can have serious legal consequences. Insurance companies and defense attorneys often monitor social media activity, searching for evidence that insurance companies could use to challenge your claims and reduce your compensation.
If you or a loved one has suffered a personal injury, it is imperative to understand how to navigate social media use during the duration of your case. In this post, we will discuss the risks of social media use during a personal injury case and how to safeguard your legal rights while your claim is ongoing.
How Social Media Can Harm Your Case
One of the most significant risks social media presents is the potential for contradicting your claims. Insurance companies and defense attorneys actively monitor social media for any content that could be used to dispute the severity of your injuries or argue that you are not as affected as you claim. Some of the ways social media can be used against you include:
- Location Check-Ins and Tags: If you check in at a location or get tagged in an event, it could be used to argue that your injuries are not preventing you from engaging in activities.
- Friends’ Comments and Tags: Even if you are not posting, a friend tagging you in a post or commenting about your activities can provide evidence to the defense.
- Casual Posts and Status Updates: Something as simple as writing “Feeling great today!” could be used to dispute claims of pain, suffering, or emotional distress.
- Deleted Posts: Deleting a post does not guarantee it is gone. Insurance companies and defense teams can recover deleted content and use it to argue that you were trying to hide evidence.
Best Practices for Social Media During Your Case
It is best to consult your personal injury attorney regarding your case on what social media practices are best for you. In most cases, your attorney will suggest you follow some of these best practices:
- Make Your Accounts Private: Adjust your privacy settings to limit who can view your content. However, remember that this does not prevent insurance companies from accessing posts through other means.
- Avoid Posting About Your Case: Never share details about your injury, medical treatment, or case progress online. Innocent statements can be taken out of context.
- Ask Friends and Family Not to Tag You: Request that others refrain from tagging you in posts or sharing information about you online.
- Think Before You Post: Unrelated posts about hobbies, travel, or activities could be used to challenge your claims.
- Consider Deactivating or Deleting Your Accounts: Temporarily removing yourself from social media is the best way to ensure that nothing you post is used against you.
How Your Personal Injury Attorney Can Help
With decades of experience handling serious injury and wrongful death cases, our California law firm is committed to protecting our clients from tactics that could undermine their claims. We cover with our clients what not to post, advise you on handling existing content, and ensure that your online activity does not unintentionally harm your case. Rodriguez & Associates works closely with our clients to protect their rights and strengthen their cases inside and outside the courtroom. We consistently see our clients get the compensation they need, with more multi-million dollar verdicts than any other law firm in the Southern San Joaquin Valley.
If you have been injured due to someone else’s negligence, contact us today for a free consultation. Let us handle the legal complexities while you focus on healing.