Social media has become a part of our everyday lives, offering a platform to connect, share, and stay informed. However, when pursuing a personal injury claim, what you post online can have unintended consequences. Our friends at Cohen & Cohen discuss how social media activity can affect your case and why it’s essential to approach these platforms with caution.
When you’re seeking compensation for an injury, even seemingly harmless posts can be used as evidence against you. Knowing the risks can help you avoid costly mistakes and strengthen your claim.
Posts Can Be Misinterpreted
What you share online can easily be taken out of context. For instance, if you post a picture of yourself smiling at a family event or comment about an activity you enjoyed, the opposing side may argue that your injuries are not as severe as you claim.
Even something as simple as checking in at a location or tagging yourself in photos could be used to undermine your case. For example, if you claim that your injuries prevent you from engaging in physical activity but post a photo of yourself on a hike or at a sporting event, it could cast doubt on your credibility.
Insurance companies and defense attorneys often scrutinize social media accounts to find evidence that contradicts your claims. It’s not uncommon for them to use this information to minimize payouts or question the validity of your case.
Privacy Settings Don’t Guarantee Protection
Employment discrimination and personal injury claims can both be significantly impacted by social media activity, as privacy settings often fail to fully shield potentially damaging posts or interactions from being discovered and used as evidence. Some people assume that setting their social media accounts to private will shield them from scrutiny. While privacy settings can limit who sees your posts, they don’t make your content entirely inaccessible.
During the legal discovery process, the opposing party may request access to your social media accounts. If the court determines that the content is relevant to your case, you could be compelled to provide it. This means that even private posts or deleted content could be retrieved and used against you.
It’s important to remember that once something is shared online, it’s no longer entirely in your control. Friends, family, or acquaintances could unintentionally share or screenshot your posts, making them accessible to others.
Avoid Posting About Your Case
Discussing your personal injury claim on social media is one of the most significant mistakes you can make. Any comments about the accident, your injuries, or the ongoing case can be used as evidence.
For example, venting about the incident, expressing frustration with the legal process, or speculating about the outcome could be taken out of context and harm your case. Similarly, posting updates about your recovery or financial situation might inadvertently reveal information that weakens your position.
How to Protect Your Claim
The best approach during a personal injury case is to limit your social media activity as much as possible. While it may feel unnatural to step back from posting, avoiding potential pitfalls can make a significant difference in the outcome of your claim.
We recommend refraining from sharing updates, avoiding discussions about your case, and being mindful of the types of photos or activities you post. It’s also a good idea to review your social media history and ensure there’s nothing that could be misinterpreted or taken out of context.
Staying Focused on Your Recovery
When pursuing a personal injury claim, your primary focus should be on your recovery and working with your personal injury lawyer to build a strong case. Social media may seem like a harmless outlet, but it can quickly become a liability if not handled carefully.
By being cautious with your online presence, you can help protect your rights and increase your chances of receiving the compensation you deserve. While it might require some temporary changes to your routine, the long-term benefits are well worth the effort.