Many people’s lives are like open books, thanks to Facebook, Instagram, and other social media platforms. Posting details about our lives online can be fun, help us seek support, and allow us to vent our frustrations. It can also have negative consequences for a personal injury case.
While it might be tempting to post details about your personal injury incident and how it affected you, you must be mindful of what your posts say or imply about your injury or lawsuit. In this blog, we discuss the positive and negative effects of social media and how an attorney assisting with your auto or other accident can help you navigate these issues.
Insurance Companies and Social Media
When you file a personal injury claim against another party, their insurance company aims to discredit you. They will thoroughly investigate your case and look for behavioral evidence undermining your claim. Social media can serve as a powerful investigative tool, and lawyers exert considerable effort to uncover anything about you that might contradict your arguments.
Never underestimate an insurance company’s ability to access your social accounts. Once they gain entry, they will comb through all posts, photos, and activities to find something to discredit you.
Furthermore, going through a personal injury lawsuit is not a good time to “make new friends.” If you are waiting on a personal injury settlement, think twice about accepting new “friend” requests on your socials. Insurance companies are notorious for creating fake profiles to connect with you, follow your posts, and look for incriminating material.
How Social Media Can Negatively Impact Your Lawsuit
If you are going through a personal injury lawsuit, consider staying off social media for a while. If you must go online, be careful what you post on your social accounts. It is understandable if you want to post what happened during your accident or how let friends and family know how you are doing. However, it can be hard to predict whether a photo, status update, or reply could contradict any aspect of your claim and undermine your credibility.
Suppose you were injured in a car accident that someone else caused. You go to the emergency room afterward to receive treatment for whiplash and other injuries. Posting pictures of dancing at a party or taking a ski vacation soon after the accident could upend your entire case. Opposing lawyers could claim that those pictures prove that your injuries are less severe than you report. Even posts showing you happy and having fun can contradict claims of emotional distress, pain, and suffering.
How to Use Social Media to Your Advantage
Considering the risks associated with social media activity while you recover, some posts may work to your advantage if you are careful. For example, posting a photo of the damaged sidewalk that caused your fall may serve as credible evidence in proving liability. Also, updating your status by saying you had to cancel a hiking trip because of your broken leg may boost your credibility.
You could play it even safer and limit your activity to sharing news articles and liking others’ posts. Despite the potential advantages, it does not hurt to take a social media break when your case is still pending.
A Cincinnati Personal Injury Attorney Can Provide Guidance on Social Media Use
Being thoughtful about social media use can make the difference between strengthening and undermining your personal injury claim. The experienced accident lawyers at Clements, Taylor, Butkovich & Cohen, LPA, Co., understand how insurance companies and investigators can track you online. They will give sound guidance and keep your social media accounts from undercutting your personal injury claim.