Social media is a significant part of daily life for many people. They use these platforms to post and share updates, photos, and experiences with family, friends, and others.
While these social media platforms help people stay in touch with their social circles, they may cause unforeseen trouble for anyone involved in a personal injury lawsuit.
It’s common for insurance companies and lawyers to comb over the social media accounts of people who’ve filed personal injury claims. What people post and share can, indeed, hurt them.
Here are five ways social media can negatively impact a personal injury lawsuit.
1. Posts That Contradict the Injuries Sustained
One of the most common ways in which social media can negatively impact a personal injury lawsuit is by contradicting a person’s injury claims. For example, a person who claims they are suffering from a lot of back pain may post photos of themselves attending social events, going on a vacation, or doing other things that may require a lot of physical activity.
Insurance companies might use these posts as evidence that a person isn’t as physically injured as they claim.
It’s best for people who are involved in a personal injury lawsuit to refrain from posting about their activities on social media until their lawsuit is resolved.
2. Check-Ins and Location Tags
Social media sites allow users to check in at different locations such as restaurants, gyms, and parks. While these check-ins can be useful for sharing experiences with friends and family, a personal injury claim can be denied based on such updates.
For example, if an injured party checks in or posts an update at a fitness center or a sports arena and claims to be injured and mobility-impaired, the insurance company can claim that the injured party is capable of more physical activities than he or she lets on.
People in the midst of personal injury claims should avoid tagging locations during the claims process.
3. Comments That Can Be Taken Out of Context
Social media sites are known for their use of humor and sarcasm. While these forms of communication can be useful in social settings, they can be counterproductive in a court of law.
For example, a social media comment such as “I’m finally feeling better!” can be misinterpreted by the insurance company and lead it to believe that the injured party has made a full recovery or has been exaggerating the extent of the stated injuries.
People can avoid these problems by steering clear of commenting about the accident and injuries. Discussing either can prove to be counterproductive.
4. Photos and Videos Posted by Others
Even though an injured party may avoid posting anything related to the claim, their friends may inadvertently post pictures or videos where the injured party is included. Such a situation may sometimes pose a problem to the injured person’s personal injury claim.
Despite the injured person still being injured, the posted pictures may be used by the insurance companies to argue that the injured person’s injuries are not serious.
It’s best for anyone pursuing a personal injury claim to advise family and friends to be mindful about what they post online.
5. Public Profiles That Make Information Easily Accessible
Some people have their social media accounts set to public. This allows anyone to access the information posted on the accounts. Such information may be used by insurance investigators to investigate the injured person’s claim.
The investigators may scrutinize the information posted on the injured person’s social media accounts to identify any information that may not make sense based on the injured person’s claim.
Changing the privacy settings may not be sufficient to safeguard the injured person’s claim. The information posted on the social media accounts may, for instance, still be accessed through the court’s legal discovery tools.
Protecting Claim During Recovery
The main priority after an accident should always be to focus on physical recovery. But if the goal is to pursue a personal injury claim, it’s essential to avoid mistakes that can derail the process. Limiting social media use is one way people can avoid putting their feet in their mouths and getting themselves into more trouble than they could have ever imagined.
Being Mindful in the Digital Age
The use of social media has changed the way people communicate and share their experiences with loved ones, friends, and others. Nevertheless, social media use has posed some challenges in personal injury claims. A single picture or an update can sometimes create issues that might negatively affect the outcome of a claim.
Understanding how social media use can impact a personal injury lawsuit can help people make informed decisions about their social media use.