It may seem like a harmless thing, but social media can have a large, negative impact on a personal injury case. Social media posts can complicate and draw out your case at best and render it null at worst, so it is important to be aware of exactly what risks you are taking if you choose to post anything.
Insurance adjusters can–and often do–use social media as evidence to weaken your case. Social media posts are usually admissible in court, even if your profile is private, so you have to be very careful.
Absolutely anything related to you, including your own posts, others’ comments on your posts, and posts other users tag or mention you in, can be used against your case. Something as seemingly minor as a friend commenting “How are you doing?” and your response of “I’m feeling better, thanks!” can complicate your case.
The safest strategy is to simply refrain from posting much at all on social media until your case is settled. It is very easy to accidentally say something on social that can hurt your claim, so simply cutting back is the easiest way to avoid any potential issues. Here are a few tips on how to do so with minimal risk to your case:
- Ask friends and family not to post anything about you or your accident, and if somebody does tag you in anything, untag yourself immediately.
- Don’t vent or post anything angry on social media. This can make you look spiteful or as if you are only making your claim out of anger and not due to your injury’s real impact on your life.
- Don’t post anything related to your accident, injury, treatment, or recovery.
- Watch your location check-in posts. If you are claiming that you do not have enough mobility to work and then post a social media check-in at your weekly kickboxing class, for example, this may be used to contradict your claim.
- Do not accept any friend requests from people who you do not know personally.
- Limit yourself to liking other peoples’ posts (not commenting) and sharing articles. Avoid photos of yourself or updates on what you are doing.
If you have suffered a personal injury that is negatively affecting your life and are curious about your next steps, our lawyers are happy to provide a case evaluation and consultation.