The majority of accident victims are unaware of just how much their social media posts can hurt their personal injury cases. You might think that what you put on Facebook or Instagram is completely separate from and irrelevant to your legal case, but it’s not; insurance companies and lawyers from the other side of the aisle will look through everything you post online to find ways to prevent you from receiving just compensation.
5 Things to Know About Social Media Use and Your Case
The following are five things to know about how interacting with social media can impact your ongoing case:
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Social Media Posts Count as Evidence in Court
Filing a personal injury claim is effectively a way of saying that you got hurt and that the injury changed your life in significant ways. If you are to then post pictures of yourself hiking or dancing at a wedding, the opposing party has grounds to say you’re not as hurt as you claim. Actions like these are not indicative of lawyers being sneaky; they’re just doing their job.
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Private Accounts Don’t Keep You Safe
It’s a common misconception that if your account is set to private, you’re safe. In the middle of a lawsuit, however, that doesn’t apply. Courts can order you to show your social media accounts during the case, and even posts you deleted can sometimes be found and restored to use as evidence.
It’s also important to remember that your friends might share or tag you in posts that don’t match what you’re claiming about your injuries, even if you’re careful about keeping your own posts tucked away.
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Posts That Can Damage Your Injury Claim
Not all social media content is inherently harmful to a claim, but the following can, indeed, affect your case:
- Photos showing you being active despite you saying that you are injured
- Check-ins at places that suggest you can move around more than you assert
- Posts about your accident that don’t match what you told your lawyer
- Complaints about your doctors, lawyers, or the legal system
- Statuses mentioning case details, legal plans, or the compensation you expect
Altogether, you must recognize that though a single post might seem harmless, the opposing legal team will twist anything to discredit your claim.
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Stop Using Social Media During Your Case
The safest approach during your injury case is what lawyers call a “social media blackout, ” which involves you doing the following:
- Not posting anything until your case is finished
- Not accepting friend requests from people you don’t know
- Asking friends and family to avoid tagging or posting about you
- Considering temporarily pausing your accounts
It helps to think about what’s at stake and to acknowledge that just one bad post could cost you thousands.
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Follow These Tips If You Must Use Social Media
If staying off social media feels impossible, these reminders will help keep your claim as safe as possible:
- Never talk about your accident, injuries, or legal case
- Don’t post photos of yourself doing physical activities
- Don’t share where you are or what you’re doing
- Ensure your account uses the highest privacy settings
- Check often to see what others have tagged you in
Even with these safety steps, however, lawyers might still be able to see your posts, which is why avoiding social media altogether is often the better option.
Other Online Activity That Can Hurt Your Case
Your online life is bigger than just social media, of course. The opposing party might also check sites like Yelp for your comments, fitness apps to see if you’ve been moving around a lot, and even your online shopping habits.
For instance, if you claim you have serious back pain from a fall, but your fitness app shows you ran five miles yesterday, that could hurt your case.
Ask Your Lawyer About Social Media
As the rules about social media in injury cases keep changing, the best thing to do is talk with a lawyer about your social media use when your case starts. At the Law Offices of Glenn & West, LLC, we help you protect your case while maintaining the online connections you care about.
How Our Attorneys Can Help With Your Injury Case
If you’ve been hurt because of someone else’s carelessness, having a good lawyer is crucial. The Law Offices of Glenn & West, LLC, has helped many people with personal injury cases in Litchfield, Nokomis, and nearby areas in Illinois. We know how to handle every part of your case, from keeping your social media safe to dealing with insurance companies.
Don’t let a single post ruin your chance at fair compensation. Contact us today for a consultation, and let our team help protect your rights and help you avoid mistakes that could hurt your case.
