Social Media’s Effect on Your Personal Injury Claim
Many people turn to social media after an accident to inform their loved ones of their accident and to reassure them that they are okay. However, mentioning your injury or claim on social media may have a damaging effect on your case.
Below, Roden Law’s Savannah personal injury attorneys provide some detail on the effect social media can have on your claim, as well as what you should and should not mention on your accounts. If you have further questions about your personal injury claim, contact us to schedule a free, no obligation consultation. We can discuss the effect your social media use may have on your claim and ways to protect your claim.
How Social Media Can Affect Your Claim
Although people use their social media accounts to post personal details about their life, you should never post the details about your accident or resulting injury.
Insurance adjusters often use social media as a source of evidence, which is why many insurance companies authorize and even encourage adjusters to monitor victims’ social media accounts.
Insurance adjusters will look to social media accounts to find evidence that you faked or exaggerated your injury. The adjuster may also look for evidence that shows you have recovered from your injury even though you may be claiming otherwise.
Anything that you post on social media may ultimately be used as evidence against you during the settlement negotiations or if you decide to go to trial.
Pictures that you post may be used against you to show that you were never injured or that you are not suffering in the way you claim. Pictures and posts can also be used to diminish your pain and suffering claim if you are publicly stating that you are feeling better after an accident. Social media posts are typically admissible in court.
Your Social Media Profile Can Be Used Against You
You can try to prevent your social media posts from being viewed by insurance adjusters by increasing your privacy settings.
However, it is still possible that these posts can be viewed by an insurance adjuster or attorney representing the at-fault party’s insurer. Because of this, it may be in your best interest to refrain from posting pictures or updates until your claim has been settled or resolved.
What You Should Avoid Posting on Social Media After an Accident
While you should be cautious about posting anything on social media while you have a pending personal injury claim, you should be especially careful about posting any of the following:
- Photos of the accident – Avoid posting photos of the accident scene, your vehicle or any other pictures that show the accident. These may be helpful as evidence during your case, but you should avoid making them public information by posting them.
- Photos of your injury – It is best not to post any pictures of your injury on your social media accounts. If you have taken pictures of your injury or mark the progress of your recovery, you should provide the images to your lawyer.
- Other photos – Be careful about any other photos you post while your personal injury claim is pending. Although it may seem harmless, an insurer may use any picture you post to affect your claim. For example, if you suffered a back injury and share photos of you jet skiing, an insurer may argue that you are not injured, regardless of when the picture was taken.
- Information about your case – You should never post anything regarding your claim on social media. This includes your claim’s status, what you discus with your lawyer or the injuries you suffered. This information should always be confidential and should be kept that way.
- Updates about your medical condition – Do not post updates about your injury or information about the type of medical treatment you are receiving. You should also never downplay your condition on social media. Doing so may adversely affect your personal injury claim.
- Arguments or replies about your case – If your accident is discussed on a news outlet or others react to an accident online, avoid replying to these posts. Do not engage in arguments or reply to conversations about your case.
Contact a Personal Injury Lawyer
If you have been injured in an accident caused by another party’s negligence, contact a skilled personal injury lawyer from Roden Law for assistance.
We will provide you with a free, no obligation consultation where we discuss your injury and the factors that may affect your claim, including social media use. All of our services are provided on a contingency fee basis, which means you only have to pay us if we recover compensation on your behalf.