Social media has become an integral part of our daily life. For most people, it’s the first thing they look at once they wake up in the morning and the last thing they look at when going to bed. While there’s nothing wrong with this, when it comes to personal injury cases, social media can significantly impact the outcome of your claim.
Did you know that lawyers in personal injury cases can use social media posts to refute or validate injury claims? Whether it’s a quick status update, a photo from a weekend getaway, or a comment on a friend’s post, these seemingly normal activities can be used as evidence in court.
They will likely comb through your friends list, followers, Twitter (X), blogs, LinkedIn profile – and just about anything to create a narrative that contradicts your personal injury claim.
Whether you’re pursuing a personal injury lawsuit in Aiken, SC, it’s important to understand how your online activity can be scrutinized by insurance companies and their attorneys and potentially used against you in court. In this post, we’ll explain how social media can affect personal injury claims and share advice on how to avoid some common pitfalls.
If in doubt, feel free to contact the personal injury lawyers at Johnson, Johnson, Whittle, Lancer, & Staggs in Aiken, SC for free advice. You can reach us at (803) 649-5338 no matter the time of day.
How Social Media Can Impact Personal Injury Claims
Social media can have unexpected consequences on your personal injury case, regarding:
Evidence Collection by Insurance Companies
Insurance companies and defense attorneys are always on the lookout for ways to lower the amount they pay in settlements. One of their strategies is looking at social media activity for evidence that could contradict your personal injury claim.
A simple post about feeling great after an accident or a photo showing you engaging in physical activity can raise doubts about your injuries. Even if taken out of context, this content can be used to weaken your claim.
Challenging Credibility and Severity of Injuries
Social media posts, photos, and location check-ins can be used to challenge your credibility. For example, if you’ve claimed that you’re suffering from severe back pain but post photos of yourself engaging in physical activities, the defendant’s side may argue that your injuries aren’t as severe as stated. This could directly impact the settlement amount or result in a case dismissal.
Public vs. Private Posts
It’s important to know that even if your social media profiles are set to private, they’re not entirely protected. Both public and private posts can be subpoenaed and used as evidence in your case. Courts can sometimes compel social media companies to release private data if it’s deemed relevant to the case, so it’s important to be cautious about what you share online.
Common Social Media Mistakes in Personal Injury Cases
Sharing about your personal life is not always the best choice. Here are some of the common mistakes people make regarding their personal injury cases:
Posting About the Accident or Injuries
One of the most common mistakes people make is posting details about their accidents or injuries online. While it’s natural to want to update friends and family about your condition, some of your statements can be used against you in court. Posts can be taken out of context, and even minor inconsistencies can lead to disputes over the legitimacy of your claim.
Sharing Photos and Videos
Another common pitfall is sharing photos or videos that might contradict your claims. For instance, posting a video of you enjoying a physical activity while claiming severe pain can cast doubt on the validity of your injuries. Even if you feel fine at the moment, such posts can undermine your case and decrease your chances of receiving fair compensation.
Interacting with Others’ Posts
It’s not just what you post that can impact your case. Interactions like liking, commenting, or sharing someone else’s content can be misconstrued by opposing counsel. A simple comment that seems to show you’re in good spirits or more active than you’ve claimed can be used to challenge the seriousness of your injuries.
Best Practices for Social Media Use During a Personal Injury Case
When it comes to your personal injury case, here are some of our best tips regarding social media:
Limit Social Media Activity
The safest approach during a personal injury case is to minimize social media activity. Avoid posting updates about your daily life, especially anything related to your accident, injuries, or recovery. This can prevent potential evidence from being used against you.
Adjust Privacy Settings
While there’s no guarantee that private posts won’t be seen by the court, updating your privacy settings is a helpful step. Limit who can view your posts and personal information. Keep in mind, though, that even private content can still be legally scrutinized if subpoenaed.
Avoid Discussing the Case Online
It’s essential to refrain from discussing your personal injury case with anyone online, including friends and family. Even casual mentions of the accident or potential settlement can be used as evidence. Instead, keep conversations about your case confined to discussions with your attorney.
Consult Your Attorney
Before posting anything about your personal life on social media, it’s wise to consult your personal injury attorney. We can offer practical guidance on what’s safe to post and how to manage your current social media accounts. If there’s any content you already posted that may be harmful to your case, your attorney can advise on the best course of action.
How Your Attorney Can Help with Social Media Issues
Your lawyer has the experience to help you deal with any social media issues that may arise in regards to your personal injury case.
Advice on Social Media Use
Your attorney can guide your social media use during a personal injury case. They can help you avoid unintentional harm to your claim by advising you on appropriate online behavior and reviewing any potentially damaging posts.
Monitoring Opposing Party’s Social Media
Your attorney can also monitor the defendant’s social media activity for any evidence that may strengthen your case. This includes finding inconsistencies in the testimony or statements made by the defendant’s side or witnesses.
Managing Subpoenas for Social Media Records
If your social media records are subpoenaed, your attorney can ensure that your rights are protected and only relevant information is disclosed. They’ll work to also prevent irrelevant or overly personal content from being used against you in court.
Talk to an Experienced Aiken Personal Injury Attorney for Specific Advice
Social media can have a huge impact on your personal injury claim. It can potentially provide potential evidence to the defendant’s side to challenge your credibility, which can either support or damage your case. Being mindful of your online activity is a major step to protecting your claim.
So, if you are dealing with a personal injury case, it’s important to exercise caution with social media. When in doubt, always consult the personal injury attorneys at Johnson, Johnson, Whittle, Lancer, & Staggs before posting, and always be mindful of the potential consequences.
If you have a personal injury case and are unsure about how social media might affect your claim, contact the team at JJWLS by calling (803) 649-5338 for a free consultation. We’ll provide expert guidance to make sure your rights are protected and help you manage your online presence during the claims process.
