We live in a digital world. Today, more than ever before, we are online and connected to those around us. We carry smartphones in our pockets, we have access to incredible AI technology that can answer practically any question in the world, and we do most of our business online.
With our society being so interconnected via the internet it makes sense how social media platforms like Facebook, Instagram, X (or Twitter), and TikTok have become such a mainstay in our day to day life. Whether you are sharing posts and chatting with your friends on Facebook, or posting your workout routine on TikTok these apps have become part of our day to day routine.
A personal injury can present major changes in your day to day routine, and surprisingly your social media can have serious unintended consequences on a personal injury case. In this article we will be diving into exactly how social media can affect your or personal injury case, as well as what you should consider before your next post.
Evidence in Legal Proceedings
One thing that you should know if you are planning to pursue a personal injury case is that anything that you share on social media can be used as evidence against you in legal proceedings. What this means is that anything you have shared online, whether it is photos, videos, comments, or even locations that you have been to, can be accessed and used to undermine your case.
For example, lets say that you went to a concert with some friends and you decided to share it online, an insurance company may do an investigation of your account see that you were standing around at a concert and then claim that these photos and videos contradict the pain and injuries that you claim to be suffering from. An insurance company may see posts of you at the gym or at an amusement park and mark these with red flags as they may argue that your injuries are clearly not as severe as you have claimed and that you are perfectly able to continue with your daily life.
If your personal injury case is likely to go to court, then the opposing counsel will be granted broad discovery permissions during pre-trial. This means that an insurance company’s lawyers would be able to view your social media accounts for any evidence that may threaten your case and possibly tank the value of your claim.
Contradicting Statements
When you are filing a personal injury case it is vital to know that consistency of information is key to your case. What we mean by this is that the information that you are sharing with your attorneys, doctors, insurance companies, and courts should all be consistent and the same information.
Social media posts can muddle this consistency, as they can contradict your statements in a legal setting and potentially destroy your case. For instance, discussing or even casually mentioning your injuries, the recovery process, or details of your accident online can lead to insurance companies being able to discredit or misinterpret the statements you have given over the past several months of your personal injury case.
Throughout your personal injury case an insurance company is going to look for any and every opportunity to try and devalue your claim. If a statement or a social media post can be taken out of context in their favor, then they will jump at the opportunity to use it against you.
Impact on Settlement Negotiations
Insurance companies and their defense attorneys will actively monitor the social media accounts of anyone that has an open claim with them in the hopes that any of the content shared might reduce their liability or the severity of their claims.
A seemingly innocent post or photo could be taken completely out of context to argue that your injuries are not as severe as you claim, potentially damaging your case and decreasing the amount of money that the insurance company might have offered for your case.
Psychological Impact and Perception
A post about your daily life is not the only thing that can change how your case is valued. Sharing details about your accident or your injuries may also shape how you are perceived by a jury or a judge. For example, if you shared a post expressing your valid anger or frustration over the accident you have been in, your image in the courtroom may be perceived negatively.
In the same vein, if you have shared posts that have a positive outlook on your life after your accident, or that you have had a quick recovery, then a judge or jury may perceive that your accident has had a minimal impact on your life.
As a standard rule, try your best to not share any information about your personal injury case online until after your case has been resolved.
Think Before You Post, the Best Practice For Social Media Use During Your Case:
In this article we have discussed the impact that posting on social media can have on your personal injury case. As your Utah personal injury lawyers we suggest taking these steps before posting on social media during your personal injury case:
- Limit Social Media Use: During your case, consider taking a break from posting on social media for at least as long as your claim is in progress. We are not suggesting that you have to delete your accounts completely, feel free to connect with friends and family on social media, but maybe consider taking a hiatus from posting.
- Discuss Posting Guidelines With Your Attorney: Have a conversation with your Utah personal injury lawyer about what is safe to post as well as what could be problematic for your case if you share it. Your personal injury lawyer will be able to give you exact guidelines on what you should not share on social media, and following these guidelines can greatly increase your chances of a successful case.
- Think Before You Post: Always assume that every post you share during your injury claim could be seen by the opposing party. Keep this in mind before you post in order to avoid sabotaging your injury case.
- Educate Your Friends and Family: An insurance company will try their hardest to devalue your case, including looking on friends and loved one’s social media accounts to see if there is anything that could discredit your claim. Have a discussion with your friends and family about what they post, and inform them that they should not tag you or post any photos that may have potential to harm your case.
Social media is a powerful tool that can connect us with our friends and family from anywhere, but in the context of a personal injury claim, it can become a double edged sword. By understanding the potential risks that can arise while using social media you can better understand how to manage your online presence carefully.
If you have any questions on what you should or should not post after you have been injured consider reaching out to a skilled personal injury lawyer.
At LifeLaw Personal Injury our team of personal injury lawyers will be happy to answer any questions you might have to make the legal process easier. If you have been injured and you don’t know where to start be sure to contact the best personal injury lawyers at LifeLaw. Our team will work tirelessly and fret over every detail in your case so that you can focus on what is really important, your recovery.
Contact us today for a free consultation and to discuss your options further!