How Social Media Can Undermine Your Personal Injury Claim

Social media is part of daily life for most people. Sharing updates, photos, or thoughts online is almost second nature now, even after a serious accident. However, what you post can matter more than you expect, especially after being injured in an accident. Even a quick status update or photograph can sometimes cause problems for your case. It helps to understand how your online presence could affect your legal rights.

How defense teams find and use your posts

When you’re injured and are beginning an insurance claim or a lawsuit to try to obtain compensation, everything you share on the internet could potentially become evidence. Insurance companies and defense lawyers pay close attention to your online presence as a way for them to potentially lower the amount they owe you or even deny your claim altogether. Here’s how they can use your posts against you:

Photos of activities

Defense teams may search for photos of you out with friends or attending certain events. If you post a photo of yourself at a beach or a party, they might argue you aren’t as hurt as you say. Even a smile in a picture can be used to suggest you aren’t in pain or distress.

Status updates about your health

Posts about how you are feeling – like if you’re having a “good day” or trying – can be taken out of context. Defense attorneys sometimes grab these updates, claiming they prove you’re recovering faster than you say, or that your injuries aren’t affecting you the way you’ve described.

Check-ins and location tags

Tagging yourself at the gym, at a hiking spot, or even at your workplace can cause problems for your case. This sort of post can be strong evidence that you can do your regular day-to-day activities without issue. Even if you’re at the gym to do physical therapy, there isn’t enough context behind your check-in or location tag.

Comments from friends and family

Sometimes, it’s not your words but what others post on your page that matters. A friend might write, “Glad to see you out today!” Defense attorneys can twist this to imply you are returned to regular life without struggle or that you’re exaggerating your difficulties.

Uploaded videos

Videos tend to show more than still photos. Movement, energy levels, speech, and mobility are all visible. Something that seemed innocent – maybe dancing a little at a gathering – can be used to question whether you’re hurting as badly as you claim.

At the end of the day, the insurance company’s goal is to pay out as little money as possible. They will scour your social media to try to come up with reasons that support this. You want to make sure you don’t give them any reasons to reduce or deny your claim, so you can pay for your medical expenses and other losses.

How to protect your case

If you’re about to initiate or have already initiated an insurance claim or lawsuit as a result of being injured by someone else’s negligence, there are some steps you can take to make sure your social media accounts don’t hurt you.

Don’t post about your case or accident

Your best bet is not to post anything at all about your accident on any social media platform. Even innocent updates could end up misinterpreted or used against you. It’s better to stay silent online until your case is resolved.

Tighten your privacy settings

Switch your accounts to private where possible. Limit who can tag you, and turn on tag approval so nothing about you gets published without your permission.

Disable location and activity sharing

Turn off “location services” or “check-in” features. Avoid sharing updates about your activities – even simple things like restaurant visits. There’s no reason the insurance company should know where you are or what you’ve been doing.

Ask friends and family not to share about you

Loved ones may want to support you by tagging or posting about you online, but their well-meaning posts could still become evidence. Ask them not to post any comments or photos about you anywhere.

Be careful in private messages, too

Keep in mind, private messages won’t always stay private. The other side may be able to obtain these records in discovery, and the court can require you to turn over conversations you thought were just between you and one other person.

Don’t post any stories or send photos on Snapchat

You might think posting stories on Instagram or sending photos on Snapchat is okay because they disappear after a certain period. While it is potentially slightly more secure than posting on other platforms, you can assume that everything you’re writing and posting will be recoverable. Your Instagram stories go into an archive in your account, and the court can require you to produce those archived stories if they’re relevant to your case.

These are just some steps you can take to protect your case and your rights. Your best chance of getting a fair settlement is to not post anything on social media until your case is resolved.

How a personal injury lawyer helps deal with your online presence

A North Carolina personal injury lawyer knows how much trouble social media can create if you have a claim, and can step in when the opposing lawyers ask for broad access to your social media. They push back on these requests to make sure they are only allowed to access content that is actually relevant.

They also prepare you if you’re getting ready to give sworn testimony. Your lawyer can review your online activity with you, show you what might get twisted against you, and help you avoid traps during questioning.

Call Price Petho & Associates, Attorneys at Law, to schedule a free case evaluation

If you’ve been injured as a result of someone else’s negligence, our team is here to help you get the compensation you deserve. We can answer any questions you have about social media evidence or other evidence the insurance company or defense attorney will try to use against you, and how we will counter those tactics. Our team has more than four decades of legal experience, so we’ve just about seen it all. Call us today to schedule your free case evaluation with a personal injury lawyer.