Social media is fun and can be a tool for doing great things. However, when you have a personal injury case, it can be a deadly weapon in the opposition party’s hands. One wrong post, status update, tweet, or picture sharing with friends can ruin your case.
Twitter, Instagram, Facebook, TikTok, and others can have unintended negative consequences on your case. You may share a seemingly innocent post that could destroy your case and chances of recovering compensation for your injuries.
Social Media Can Hurt Your Injury Claim if You Are Not Careful
If you were involved in a truck accident, for example, and you sustained a leg injury. You went ahead to file a personal injury lawsuit against the trucking company of the truck that crashed into you. Meanwhile, part of your claim is that you cannot return to work since you can no longer walk.
You may have been a fitness trainer before the accident and wanted to see what you could do post-accident. You innocently shared an update of you at the gym, seemingly working out, with your friends and families. Out of excitement that you are getting better, your friends invite you for drinks and festivities that they extensively document on Instagram.
The at-fault party’s lawyers can use your post against you because those photos and posts seem to show your claim is false. Insurance adjusters are waiting for a mistake on your part, any piece of evidence they can use to downplay your injury. That could mean you get less settlement than you deserve or, worse, no settlement.
You can avoid this scenario by following one simple rule: do not post when in doubt. The best thing you can do is limit your presence on social media until your case is over.
How Social Media Can Hurt Your Case
Your injuries and what led to them are the cornerstones of your case; insurance adjusters are seeking to downplay them. When you share a post about your injury, you could mischaracterize the seriousness and lifespan of your injury. Meanwhile, your lawyer’s job is to describe the extent of your injury, its negative impact on your daily routine, and the defendant’s fault in it.
What you post on social media could contradict the story your lawyer is trying to prevent. You do not want to contradict the knowledge of the one person who can help you get a fair settlement.
Moreover, the defense counsel will scour your social media handles for photos and words they can use against you. If there is anything on there that contradicts your legal team’s narrative, it could have a devastating effect on your case.
How to Use Social Media While a Personal Injury Case Is Ongoing
We recommend you go off social media while your personal injury lawsuit is ongoing. However, if that would not be feasible, here are tips for using social media:
- Avoid posting and inform your family and friends not to post anything regarding your accident and injury. That includes posting angry comments against the at-fault party
- Spend less time on social media–at least until your case is resolved
- Scrutinize what you want to post before you hit “send”–that is if you must post at all
- Before you post anything, ensure your privacy settings are set to allow only your connections to see your posts
- Do not add new friends that you do not recognize
“Due to the sensitivity of personal injury cases, the best thing is for victims to avoid social media altogether,” advises attorney Andrew R. Rodriguez of Felix Gonzalez Accident and Injury Law Firm. This way, they can avoid posting something that could undermine their claim and damage their case. If you must post, however, be careful what you post and avoid posting anything about the case.
Hemant Kumar is a project manager at Tridindia with more than nine years of commendable experience in writing about LMS, translation, and IT. His unmatched talent and passion for digital marketing gave him the opportunity to work as a multi-tasking project manager at TridIndia’s sister company, Link Building Corp. Today, he contributes to the world by imparting knowledge on SEO, link building and internet marketing etc., that helps business owners grow their online business.