4 Ways Social Media Can Damage Your Personal Injury Claim
Humans are connected in ways we never could have imagined thanks to social media. Popular platforms such as Facebook, Twitter, Snapchat, TikTok, and Instagram allow people from around the globe to keep in touch with their loved ones, express their opinions, share life updates, and much, much more. Social media is powerful, but with great power comes great responsibility.
If you were injured in an accident through no fault of your own, you undoubtedly want to maximize your settlement to help compensate for your pain and suffering. You must move with caution during your case, however, because anything you post online could be used against you. While classic defense surveillance of plaintiff was used to expose disingenuous plaintiffs, over time defense investigation tactics have evolved through advanced video editing technology often used to undermine and portray a false narrative of a genuinely injured plaintiff.
For this reason, our attorneys explain 4 ways social media can hurt your case below.
Contradicting Your Testimony
Avoid expressing yourself online in ways that seem to contradict your claims, such as messaging loved ones that you “feel fine” after your accident or posting videos and photos of yourself seemingly normal. While you may be able to persevere through the pain you are suffering from and hide it from the camera, the defense and insurance company may twist it around and use it against you.
This holds for any type of injury, pain, or suffering you claim. Contradicting your own testimony by sharing posts of yourself could ultimately be used against you. You may walk away with little to nothing if the defense uses your social media posts against you and succeeds in claiming that your are a dishonest plaintiff. It’s not worth it.
Many social media apps allow users to tag their location or “check-in” to a location. However, something as small as a check in can cast doubt on your injury claim. For example, if your mobility is limited by your injury but you check in to a gym or yoga class, the defense or their insurance company is going to use that against you. It would help to avoid sharing your location or details on your whereabouts altogether, as you could avoid hurting the outcome of your claim.
Your Posts Are Never Private
If your social media is public, set it to private. Even if your social media profile is set on private, don’t assume your posts are private. In fact, it’s best to assume that nothing on social media is ever private.
If you’re the type of person to accept friend requests from strangers, understand that this behavior could damage your claim because you never truly know who these strangers are. The insurance company or defense lawyers could hire a private investigator to create a social media account for the sole purpose of looking into your social media profile.
Posts from Friends & Family
What if you avoid using social media during your case altogether? That is great, but it may not be enough. Your friends and family may tag you in photos, post comments that contradict your claims, or post other types of content on social media that could affect your case.
Warn your friends and loved ones that their social media posts could negatively impact your case. You could ask them to NOT tag you in their posts, share pictures of you, or talk about you or your case in any way until your case is closed.
Get the Legal Help You Need and Deserve
If you got injured in an accident, count on our lawyers to provide zealous, effective representation to help maximize your compensation and help you move forward with your life. Through strategic negotiations and compassionate advocacy, we can better your chances of getting the outcome you want.
Wait no longer to get started on your claim and give us a call at (818) 446-2009 or contact us online! Our team at Legal One Law Group, APC is with you every step of the way.