In today’s increasingly digital age, social media has become an integral part of our daily lives – for better and, unfortunately, worse. Facebook, Twitter, Instagram, TikTok and other popular platforms help us stay connected with friends and family and provide an easy way to share thoughts, experiences and significant life experiences.
But if an accident or injury is one of those experiences, what you post on social media can significantly impact personal injury claims. That’s because insurance companies and defense attorneys often scour social media profiles for evidence that can be used to discredit a claimant’s case. Even seemingly innocent posts, photos or comments can be taken out of context and used against you.
Dangers of oversharing
When you file a personal injury claim, every piece of evidence counts. Insurance adjusters and defense lawyers are trained to find inconsistencies in your statements and activities. Among the ways social media posts can harm your personal injury claim are:
- Contradictory evidence: If you claim that an injury has left you unable to perform certain activities, but your social media shows you engaging in those very activities, it can be used to argue that your injuries are not as severe as you claim or even that their existence is questionable.
- Timeline discrepancies: Posts and photos with timestamps can create a timeline that may contradict your version of events. For instance, if you were supposed to be resting after an injury but posted about a night out with friends, it could be used to undermine your claim.
- Character attacks: Comments and posts can also be used to attack your character. If you post about participating in high-risk activities or make statements that can be perceived as reckless, it might negatively impact how your case is perceived.
Social media tips to protect your personal injury claim
To safeguard your personal injury claim, it is crucial to exercise caution with your social media activity. Here are some tips to help protect your case:
- Adjust your privacy settings: Set your social media profiles to private to limit access to your posts. However, keep in mind that even private posts can be subpoenaed in a legal case, so don’t make the mistake of thinking those privacy settings afford you free rein to spill information about your case or details about your daily activities.
- Think before you post: Avoid posting anything that could be misconstrued or taken out of context. This includes photos, status updates, check-ins and comments. For instance, posting a photo of yourself on the dance floor at an event that took place long before your injury could be used against you unless you can definitively prove the date the image was snapped. Don’t take any chances.
- Monitor tagging: Ask friends and family not to tag you in posts or photos that could be used against you. Even if your profile is private, tags on public profiles can still be seen by others.
- Avoid discussing your case: Do not discuss the details of your accident, injury or legal proceedings on social media. These posts can be used by the defense to build a case against you.
- Consult your attorney: Always consult with your attorney about your social media activity. We here at Farrar, Hennesy and Tanner can provide guidance on what is safe to post and what should be avoided.
Understanding the potential pitfalls and taking proactive steps to protect your online presence can help ensure that your personal injury case is not compromised. Remember, nothing ever really disappears from the internet. Once something is posted online, it can be challenging to take it back. Deleting a post doesn’t always erase re-posts of that content by others. And you can bet that a skilled defense attorney has a computer forensics expert who mine data and find items you thought were obliterated from your computer.
Being mindful of your social media activity is an essential part of protecting your rights and securing the compensation you deserve. If you or a loved one has been injured, it’s crucial to have experienced legal representation on your side. Contact Farrar, Hennesy and Tanner at 912-384-2287 or request a free case review online today.
SEE ALSO:
The Importance of Medical Records in Personal Injury Cases
The Role of Accident Reconstruction and Medical Experts in Georgia Auto Accidents