Social media has truly become mainstream in today’s digital age. Despite having much to do on a daily basis, many people still find time to post their triumphs and failures on social media platforms. In fact, more than half the population of Alberta uses social media, according to one source.
While it is true that social media can be used as a tool for keeping in touch with loved ones, there are some dangers that it poses as well. This is especially the case if you have recently filed, or are planning on filing, a personal injury lawsuit.
What you post online, especially on a social media platform, including statements, photos, and videos, can dramatically impact the outcome of your personal injury case, whether for better or for worse. So how exactly can you manage social media without causing unintentional harm to your personal injury case?
Methods Used to Obtain Your Information on Social Media
The first point to be aware of is that, in the aftermath of filing a personal injury claim, insurance companies and defense attorneys may use social media in an effort to weaken or even dismiss the personal injury claim.
The list below highlights some of the methods that are used in an attempt to obtain evidence from online activity against a personal injury case:
- The victim’s social media accounts: Insurance companies and defense lawyers will search out any pictures or photos that the injured party may post that may show him or her engaging in certain activities.
- Family and friends’ social media accounts: In addition to checking the injured person’s social media accounts, it’s possible that the at-fault party’s insurance company may hire investigators to check the social media accounts of relatives and friends. They would be searching for evidence against claims made by the victim.
- Eyewitness social media accounts: If there were any eyewitnesses to the accident that caused the victim’s personal injury, and their personal information is documented, then their accounts on social media can be targeted as well. Their posts can provide details of the location and time of the accident, as well as any statements regarding what they witnessed.
These few examples show how social media can significantly impact the outcome of a personal injury claim. Accident victims should be extremely careful in using social media while their personal injury claim is in legal proceedings.
How Social Media Can Harm Your Personal Injury Case
In the aftermath of a personal injury, a good rule to remember is to avoid posting anything relating to the incident or injuries. This is especially true if you are a person who posts comments and pictures daily or weekly on social media. You may, out of habit, post something related to the accident that can later prove to be detrimental to your personal injury case.
Although you may choose to exercise caution with your social media activity while your legal case is proceeding, there are some things that should never be posted, including:
- Any information regarding injuries
- Any medical diagnosis and treatment in the weeks and months to follow
- Any medications that may have been prescribed
- Any comments made by your lawyer
- Any feelings you may have towards the insurance company or defense attorneys
- Any information regarding eyewitnesses to the accident
The at-fault party’s lawyer and insurance companies will use any such posted information in various ways to weaken the victim’s claim for compensation. Some of the methods they may use, based on social media evidence, include the following.
Contradicting injury claims
If you claim that you suffered serious injuries as a result of the negligent actions of the responsible party, but then later post pictures of you dancing, hiking, or biking, the defense could use this as evidence that your injuries are not as serious as you claim or that the recovery time needed to heal is less than is being claimed by your attorney.
Dispute medical diagnosis and treatment
Posting information about medical appointments, diagnoses, treatments, and bills could inadvertently reveal details about your recovery journey to the defense. The defense and insurance companies could use such information to hire medical professionals and experts to minimize or dispute the diagnosis and treatment.
Minimize emotional suffering
Any claim of suffering emotional distress in the aftermath of the accident, especially over a prolonged period of time, can be disputed by the responsible party’s lawyer if he or she sees pictures on social media of you appearing upbeat and cheerful while having a good time with friends. This may be done in an attempt to keep up appearances but could have a harmful effect on your personal injury case.
Damage your credibility
Any negative comments that you may post about the at-fault party, his or her attorney, or the insurance company may later be used to paint you in a negative light if a personal injury lawsuit needs to be filed and the case goes to trial. Even sincere comments can be twisted or misconstrued to damage your character.
Admission of guilt
Statements made on social media can be misinterpreted as evidence of inadvertently admitting partial fault in the incident. Any photos and videos posted can be used to contradict statements of your version of the events.
Use relatives’ and friends’ comments against you
Some well-meaning posts from family and friends regarding your treatment and recovery could actually harm your personal injury claim. The defense may state that those who know you well are making statements that appear to show that you are recovering quicker than claimed.
These are just a few examples of the many ways that defense lawyers and insurance providers can use social media posts to minimize or dismiss your claim for compensation. This list shows that the use of social media in the litigation process should not be underestimated.
Steps to Take to Protect Your Personal Injury Claim
Immediately following an accident that caused a personal injury, there are some practical steps that can be taken with regard to social media usage to protect your personal injury claim.
These steps are:
- Change your profiles to private (if they are not already): This will help limit the access that the defense can gain to your social media platforms
- Be cautious about accepting new friends and followers: Sometimes insurance companies send new friend requests to gain access to your account
- Ask friends and family not to post anything about you: Even seemingly innocent posts from well-meaning loved ones can be used to weaken the value of your claim
- Consider temporarily removing yourself from social media: While deleting your account may not be necessary, you should consider extremely limiting your social media presence while there are ongoing legal proceedings – or remove yourself from social media altogether
Taking these proactive measures will go a long way toward protecting your personal injury claim from social media posts that could be used against you. Remember, never underestimate the power of the post.
Why You Need the Assistance of a Personal Injury Lawyer
If you or your loved one has recently experienced a personal injury, you need the assistance of a personal injury lawyer who is familiar with the legal process and the nuances of social media posts. Your lawyer would provide you with valuable insights on the dos and don’ts of social media in an effort to protect your rights to fair compensation.
Even if you have already posted content related to the accident or your personal injury claim, an experienced personal injury lawyer will know how to advise you on what to do to protect your rights going forward. Since your lawyer would be familiar with the entire legal process, he or she would know how to respond to any attempts to lessen the value of your claim based on social media posts that are used by defense attorneys or insurance providers.
Keep in mind that the law firm that you choose for legal representation will have a direct impact on the outcome of your personal injury case. So make the right choice and choose Grover Law Firm’s personal injury lawyers. Our legal team has successfully recovered over $100 million for our clients.
While you focus on healing, our experienced team of lawyers will handle the legal proceedings and fight for you to ensure you receive a fair settlement. Contact us today by calling the number listed below for a free consultation.