How Social Media Affects Personal Injury Cases
A New Orleans personal injury lawyer can fight for maximum compensation
Social media is a double-edged sword in personal injury cases. While it connects us with friends, family, and even strangers, it can have serious consequences if you’re in the middle of pursuing a claim for an injury caused by someone’s negligence.
Insurance companies may scrutinize your online activity and search for anything that might undermine your claim. A single post, photo, or comment can drastically alter the outcome of your case.
It’s not just about avoiding certain topics. Every action you take online can influence the credibility of your case, the settlement amount, or even whether your claim succeeds at all. Read on to understand the impact social media can have on your personal injury case and how to protect your right to fair compensation.
How can social media affect the outcome of my personal injury case?
Credibility is a key aspect of personal injury cases. Opposing parties will often seek to discredit your claim by any means necessary, and your social media profiles are ripe for scrutiny. Insurance companies and defense attorneys can mine your posts for evidence, whether you believe it’s relevant or not. Even jurors may find it hard to resist the temptation to peek into your online life.
What social media content can harm my claim?
Certain types of posts are particularly harmful to your personal injury claim. Here are some examples and why they could hurt your case:
Posts about an accident
Whether you were involved in a car accident or a slip and fall, sharing details about it (such as photos, comments, or updates) can give the at-fault party’s insurance company leverage over your claim. If your version of events changes slightly, they may argue you’re inconsistent or dishonest.
Admissions of fault
Be very careful what you say on social media. Even a seemingly innocent statement, such as “I’m sorry” or “I didn’t see the other car coming,” can be interpreted as an admission of fault and used against you.
Comments about your health status
Social media updates such as “Feeling much better today” or “Back at it!” may seem like normal optimism, but they can be used to argue your injuries aren’t as severe as you claim them to be.
Evidence of physical activity
Photos or videos of you engaging in activities that contradict your claims (such as hiking, dancing, or lifting heavy objects) can severely damage your credibility. It’s best to avoid these activities as much as you can while seeking damages, especially if pictures can surface on your social media account or someone else’s.
Indications of pre-existing conditions
Posts that reveal past injuries or health issues can be used to suggest your current injuries aren’t related to your personal injury incident. Insurance companies can use such posts to reduce the compensation you might otherwise receive.
Implications of social media activity
When insurance adjusters or opposing attorneys discover harmful content on your social media accounts, it can significantly impact your personal injury case in several ways. For example, if an insurance adjuster finds a photo or video showing physical activity inconsistent with your reported injuries, they may offer a substantially lower settlement than you deserve.
Additionally, if your social media posts appear to contradict your statements or medical records, insurance adjusters, judges, jurors, or mediators might view your claim with skepticism. This can make it more challenging to regain their trust.
In extreme cases, the evidence uncovered on social media can be so detrimental that it undermines your entire case. For example, if posts suggest you fabricated or exaggerated your injuries, insurance companies might argue for a complete denial of your claim. This can leave you with no compensation for your losses.
Tips for safeguarding your social media accounts
While the best advice is often to avoid social media altogether during a personal injury claim, this isn’t always practical. However, there are ways to protect yourself and reduce the risk of having your claim disputed.
Adjust your privacy settings
Ensure your profiles are set to private so that only trusted friends and family can see your posts. Keep in mind, though, that privacy settings aren’t always foolproof. Subpoenas can still grant access to your accounts.
Be cautious of tags and mentions
Ask friends and family to avoid tagging you in posts, photos, or videos that could reflect poorly on you. You can also adjust your account settings to require approval before tagged content appears on your profile.
Monitor comments and interactions
Even if you avoid posting about your case, others might leave comments on your posts that reveal sensitive information. Regularly review your social media activity and delete anything that could harm your case.
Consult with your attorney about online activity
Your attorney can guide you on what’s safe to post and what to avoid. That includes helping you identify potentially harmful content already on your accounts and advising on how to address it.
Be aware of “lurkers”
The opposing party could possibly create a fake profile to gain access to your social media profile. Be cautious about accepting new friend requests or connections during your case, especially from people you don’t recognize.
Don’t delete existing posts
Deleting posts might seem like a quick fix, but it can lead to accusations of destroying evidence, which could harm your case more than the content itself.
Social media is not private
Even with strict privacy settings, anything you post online can become public. Screenshots, shared posts, or comments can easily escape your control. Treat every post as if it could be shown in court.
Consider pausing social media
If you’re worried about slipping up, taking a break from social media altogether might be the safest option. This ensures no new content can be used against you while your case is ongoing.
Let a New Orleans attorney protect your rights every step of the way
An injury caused by someone else’s negligence can leave you unsure of what to do next. That’s why you need a skilled New Orleans car accident lawyer to protect your rights every step of the way.
The Law Offices of John S. Williams has a proven track record of getting positive case results for injury victims, including $250,000 for a client injured in a rear-end collision with an impaired driver. Let us protect your rights and fight for the compensation you deserve.
Can’t afford an attorney? No problem! We operate on a contingency fee basis, so you pay nothing upfront, and we only get paid when we win your case. With a free consultation, you can speak with an experienced and compassionate car accident attorney who will evaluate your claim, answer your questions, and explain the best steps to move forward.
Don’t wait until it’s too late to get justice. Contact us online or call us today and schedule a free, no-obligation case consultation. Your future deserves an advocate who will fight relentlessly for you. Contact us now to schedule your free consultation.
“Attorney John S Williams fight long and hard for his clients. He handled a case for me before and the results were so outstanding and now I am back for him to handle a second case…”
– DA
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