Social media sites really became popular in the early 21st Century. Over the last decade, platforms such as Facebook, Instagram, X (formerly known as Twitter), and LinkedIn have become primary when connecting with other individuals worldwide. While being used to connect and build relationships, these platforms also provide a detailed view of your life, giving insurance companies, opposing lawyers, and even the court system an opportunity to dissect, investigate, and probe into your life.
Yes, Your Social Media Posts Can Be Used Against You in a Personal Injury Claim!
If you are wondering whether these potential actions can affect your personal injury claim, the answer is YES! When you are bringing a personal injury claim, your statements to others outside of court are admissible against you because you are a party to the case and your social media posts count as statements.
As the injured party, the primary goal in a personal injury case is to prove that the accident or incident significantly impacted your life by causing physical, emotional, and financial harm. Proving these things adds significant value to the case, driving up the potential settlement amount. In contrast, the insurance companies or opposing counsels’ primary goal in a personal injury case is to find anything and everything to diminish the case value, and that includes looking for any evidence that could undermine your claims – whether it’s a post, photo, or comment that contradicts your injury claims.
How Social Media Can Impact Your Personal Injury Case
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Inconsistencies between what you post online and what you claim in your legal case. An example of this is if you were involved in an accident on a certain date where you are claiming to have injured your back, but on pictures have been posted on social media of you hiking or playing a sport, the insurance company or opposing counsel may use those images to support their argument that you are not as injured as you claim to be; therefore, attempting to decrease the value of your case/claim.
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Finding evidence of preexisting conditions or prior accidents on social media can weaken your case because it allows the insurance company or opposing counsel to argue that your injuries come from the preexisting condition or prior accident instead of the current case.
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Providing private information on social media gives the insurance company and opposing counsel potential access to information that can be used against you.
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Credibility as a witness in your own case directly correlates to whether or not the defense or a jury believes what you are saying. If you post on social media that you are on vacation or participating in a sports activity when you were supposed to be injured or recovering from your injuries, the opposing side may believe you are exaggerating your injuries. And they will use whatever they find for this purpose!
Protecting Your Personal Injury Case: How to Avoid Social Media Pitfalls
What can you do to guard against social media negatively affecting your personal injury case?
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Utilizing the privacy settings that are available on the different platforms. This will help prevent individuals who are not your “friends” from viewing your posts, therefore limiting their ability to discover potential information that could harm your case.
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Deciding not to post about your case, injury, or recovery will in itself help with protecting your case. People cannot report or use evidence and information that they do not have.
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Limiting your social media usage will also minimize the effect of social media on your case
Hiring an attorney for your personal injury matter will allow you access to a professional who can provide specific guidelines on what they deem to be safe social media posts.
