How Social Media Affects Personal Injury Claims

Social Media and Your Personal Injury Case

Social media has become a way for everyone to stay connected, show off their lifestyles, and share stories. While social media has its perks, there are some downsides to having your life out in the digital world for all to see. This is especially true if you’re in the middle of a personal injury case.

Despite your desire to share your story with the world, or just your network, adding details about your personal injury case to social media could have a negative impact on your claim, and could potentially lead to a smaller settlement or your case being dismissed.

But why is posting on social media so bad for a personal injury claim?

In The Article

Everything is Evidence in a Personal Injury Case

In personal injury cases, it’s best to consider everything as potential evidence. Not only will your personal injury attorney be conducting an investigation, but the defense may also investigate your claims to attempt to stop you from getting the compensation you deserve. This investigation may include observing your actions and recording your movements. If the defense’s investigation team spots you doing something you shouldn’t be able to do, given your claimed injury, they can use that against your claim, and get your claim dropped.
Additionally, this investigation may include following your social media accounts to see if you are participating in activities in which people with your alleged injuries could not participate in. Evidence the defense may collect from your social media includes (but is not limited to):

Images of the Accident Site

Posting images of the accident site may lead to a misrepresentation of the evidence. For example, you may take a picture of your car with yellow paint transfer on the side bumper from a different collision. If the defendant’s car is red, you will have to then prove that your car was hit by the defendant, and the image was from a different collision.
While it is best practice to take as many images as possible of the accident scene, avoid posting them on social media until your case is closed.

Details You Remember of the Accident

Text-based posts and video posts detailing the accident as you remember it can also lead to negative impacts on your case. Remember, after you’ve been in an accident, you’re in shock, and you may not remember everything that happened. This is why it’s so important to file a police report, and detail what you can in that report, not on social media.
If you’re recording yourself recounting the accident, the simple act of misspeaking can be used against you as you go through the legal process. Instead of posting on social media consider keeping a diary of what you remember from the accident as you remember it. Once your case is closed, you can speak with your attorney about whether or not it’s okay to share the information on social media.

Your Activity Could Contradict Your Claim

Even social media posts that aren’t about your accident, your personal injury case, or the defendant, it’s essential to limit your social media and digital footprint while you’re going through the legal process.
Think about it. Most people post happy times and exciting moments on their social media. Even people who deal with a lot of issues in real life tend to present themselves as they want to be seen. If you’re going through an injury, you may want to show some pics or videos of you in happy moments. And even though happy moments can shine through pain and suffering, posts like this could potentially weaken PTSD claims.
No one expects you to be a miserable person, but evidence collected from your social media accounts could tell a different story than what you are actually going through after your car crash.

Your Reactions Can Have an Effect Too!

If you’ve announced on your social media that you were in a car crash or word got out, you may see a lot of direct posts and comments asking you how you’re feeling. Avoid answering these. Saying that you’re fine or that you’re on the road to recovery can affect your personal injury claim. Even if you’re feeling fine at that moment or you just want to be polite, avoid saying how you feel. Reacting with a heart emoji can be interpreted in a lot of different ways.
Instead of responding to these posts with information about your case, simply say, “I’m not commenting on my injuries at this time.” Additionally, be sure to discuss these situations with your personal injury lawyer, to ensure you are keeping your case secure.

What Can You Post on Social Media After a Car Crash?

It’s best to avoid posting anything on social media after a car crash. Contact friends and family directly to tell them that you were in an accident, and you are working on recovering, but try to avoid going into detail about what happened and if you’re going to pursue compensation. Contact a personal injury attorney to get a free case evaluation and discuss with them how to handle social media. If social media is one of the only ways to communicate with your family abroad, ask your car accident lawyer what is appropriate to post. The personal injury attorneys at Ron Bell Injury Lawyers are dedicated to protecting your rights and ensuring you get the compensation you deserve. When you become our client, we will discuss information like this with you to help you understand how your case can be affected by social media.

If you were injured in a car wreck that was someone else’s fault, contact Ron Bell Injury Lawyers today. 898-BELL.