Social media has become an essential part of everyday life, but if you are involved in a personal injury claim, your posts can have unintended consequences. What you share online – photos, updates, or comments – can be used against you by insurance companies or defense attorneys to downplay your injuries, question your credibility, or even reduce the value of your claim. Understanding how social media can impact your case is vital, and taking the necessary steps to protect your rights is important.
Avoid posting about your case on social media if you are involved in a personal injury claim. Speak with an experienced Fort Smith personal injury attorney to learn how to safeguard your claim from damaging online activity. Contact a lawyer today for a free consultation and get assistance navigating your case while protecting your rights.
How Do My Posts Affect My Personal Injury Claim?
Social media posts can seriously impact personal injury cases by giving insurance companies and defense attorneys evidence to discredit your claim. Here is how your online activity can work against you:
Contradicting Your Injuries
Your posts can contradict your injuries. If you have claimed to have a serious injury but you post photos or videos of yourself exercising, traveling, or engaging in physical activities, the opposing side may argue that your injuries are not as severe as you claim. Even innocent posts, like attending an event, can be misinterpreted to suggest you are not in pain.
Undermining Your Pain and Suffering
Accident victims might be entitled to recover compensation for their pain and suffering. Posting happy or upbeat social media content can give the wrong impression. An insurance company might use the posts against you and claim that you are not emotionally or physically suffering as much as you claim. Insurance companies might even review the comment section, looking for evidence that you are faking your injuries.
Providing Evidence Against You
Timestamps on pictures or status updates can be used to challenge your timeline of events or your description of the accident. For example, if you post about other injuries or accidents, the insurance company or defense team might argue that your current injuries were caused by something else.
Allowing Insurance Companies To Spy on You
A public social media profile allows the insurance company to spy on you after an accident. Insurance companies and defense lawyers routinely monitor social media for evidence to use against personal injury claimants.
Even an account set to private might have some exposure. A court order might allow a defense team to access your social media posts during the discovery stage of your case.
Friends and Family Posts Can Hurt You
The posts that your friends and family make can also hurt your case. Your loved ones might tag you in a picture or video or mention you in ways that can harm your case. For example, if a family member posts that you all are having a good time at a gathering, that might be used against you, and the insurance company might assert that you are not as injured as you claim to be.
How Can I Protect My Case?
Fortunately, there are many ways to help protect your case from insurance companies that dig for dirt on your social media profiles. Consider taking the following actions, or avoid doing these things, to protect your personal injury claim:
- Ask your friends and family not to tag you or post about you while your case is pending.
- Avoid posting about your accident or your injuries on social media.
- Set your account to private while your case is pending. This might provide some protection, but nothing is ever truly private.
- Contact a personal injury attorney before posting anything that can possibly be misinterpreted by an insurance company or defense attorney.
Even simple posts on social media can be used to hurt your case. It is best to stay offline entirely while you have an open personal injury case. If you are unsure about how to handle social media while pursuing a personal injury claim, contact a lawyer to learn the best ways to protect yourself and your interests.
How Do Insurance Companies Use Social Media Posts Against You?
Insurance companies often monitor social media to gather evidence that can contradict claims, minimize payouts, or deny benefits. Here is how they might use social media posts against you:
Checking Financial Status
An insurance company might use your social media posts to show contradictions about your financial status. If you have claimed financial hardship but post about expensive purchases, trips, or luxury items, insurers might question your need for compensation.
Tracking Inconsistencies
An insurer might compare your statements with your online activity. If your claim states you are unable to work, but you post about a new job or gig, it can be used to deny benefits.
Never provide an insurer company with a written or recorded statement before consulting a personal injury attorney. Additionally, never give an insurance company your account name before speaking to your lawyer. Your personal injury lawyer is here to help, so trust their advice about limiting social media activity.
Proving You Were at Fault of the Accident
In auto accident claims, posts or check-ins showing you were drinking before the accident or engaging in reckless behavior can be used to claim that you were negligent.
Contradict Your Disability Claim
Insurance companies can use social media posts to contradict your disability claim. If you claim to have a serious back injury, for example, but post pictures of yourself lifting heavy objects or exercising, the insurer might argue that you are not as injured as you claim. Even if an activity does not cause pain, a post showing you engaging in it can be misinterpreted.
How Can an Attorney Help Protect Me?
An attorney can help protect you from an insurance company using your social media posts against you in several ways, including:
Advising You on Social Media Use
After suffering an injury, it is a good idea to consult a skilled personal injury attorney regarding social media use and what not to post on the internet while your case is pending. A lawyer will warn you about the potential risks of posting while your claim is active. They may recommend temporarily deactivating your accounts to prevent insurers from gathering evidence against you.
Monitoring and Controlling Information
An attorney representing you in a personal injury case can review your social media presence and suggest removing or adjusting privacy settings on certain posts. They can advise friends and family to avoid tagging or posting about you to prevent insurers from misinterpreting your activities.
Challenging Misinterpretations
Insurance companies will look for any little thing to accuse you of faking or exaggerating your injuries. If an insurance company tries to use a post against you, a personal injury lawyer can argue the context. They can dispute misleading conclusions that insurers draw from posts, such as claiming a single moment of activity means a full recovery.
Blocking Unlawful Surveillance
An insurer might be participating in unlawful surveillance of you and your social media accounts. An attorney can ensure that the insurer’s methods of obtaining social media evidence are legal and challenge any invasion of privacy that might be happening. They can fight inappropriate subpoenas or requests for private social media data.
Negotiating With the Insurance Company
A personal injury lawyer can counteract attempts by insurers to reduce or deny compensation based on weak or irrelevant social media evidence. They will push back on bad faith tactics and ensure you get the compensation you deserve.
Representing You In Court, if Necessary
If negotiations with the insurance company fail, your attorney will represent you in court. If the insurer aggressively uses social media against you, your attorney can argue that the evidence is misleading, irrelevant, or unfairly prejudicial before a judge.
Having an attorney representing you is, ultimately, the best way to protect yourself after an accident. In addition to hiring a lawyer, you should avoid posting anything about your claim, injuries, or legal case. Do not delete posts before speaking to your lawyer because it can look suspicious. Also, be cautious of friend requests from people you do not know- investigators sometimes pose as new connections.
Keep your attorney updated about your social media activity while your case is pending. If you suspect an insurance adjuster or defense team member is secretly monitoring your social media presence, immediately discuss it with your personal injury lawyer.
Benefits of Deleting Social Media While a Personal Injury Case Is Pending
An active social media life is risky if you also have a pending personal injury claim. Of course, there are benefits to deleting or deactivating your social media accounts while pursuing a personal injury claim, including the following:
Prevents the Insurance Company from Misinterpreting Your Posts
An insurance company will use whatever it can as evidence that you caused the accident and your injuries. To do this, insurers actively monitor social media to find anything that can contradict your claim. Even a picture of you smiling can be used to argue that you are not experiencing pain and suffering or emotional distress, for example.
Protect Your Privacy Rights
Deleting or deactivating your social media accounts while a personal injury case is pending can also protect your privacy rights. Insurance companies may use investigators to dig through your profiles and even request access to private content. By deactivating, you remove the temptation for them to look for evidence against you that might be present on your profiles.
Stops Insurers From Taking Posts Out of Context
Insurance companies are looking for anything that might suggest that they are not responsible for your harm. A picture of you attending an event can be twisted to prove you were not in pain while you were there, according to an insurance company. Even old posts can be misconstrued to suggest pre-existing conditions or a pattern of reckless behavior.
Reduces Stress and Helps You Focus on Recovery
Not having to worry about carefully curating your social media posts to protect yourself against insurance companies will help reduce your stress and help you focus on your recovery. Social media can be overwhelming, especially when dealing with a legal claim. Taking breaks allows you to focus on healing instead of worrying about what insurers might find.
While your case is pending, you should be intentional about everything you post. However, even if you are cautious about the things that you put on the internet, a single post, comment, or check-in can be used against you. Even a private message venting about your case can become evidence if the insurance company gains access to the messages.
Social media is a standard part of most people’s lives, and deleting all accounts might be too burdensome. So, if you do not want to delete or deactivate your social media accounts, you can use the following alternatives and still protect yourself:
- Do not include locations where you are in your posts. Avoid checking into any place while a personal injury case is pending.
- Avoid anything about your life that might implicate your injuries. For example, if you have claimed that you cannot lift heavy objects because of your injuries, it is probably not a good idea to post yourself moving your couch into a new apartment.
Contact a Personal Injury Attorney Today
Social media may seem harmless, but even the smallest post can be used against you when it comes to a personal injury case. Insurance companies and defense attorneys are always looking for ways to minimize or deny claims, and your online activity can give them the ammunition they need. Protecting your case means being mindful of what you share and who can see it.
If you are pursuing a personal injury claim, do not let social media jeopardize your chances of fair compensation. Limit your online activity and consult an experienced personal injury lawyer to protect your rights. Contact a lawyer today for a free consultation.