Can Social Media Hurt My Personal Injury Case?
If you are seriously injured due to the negligence of another party, you might think about posting the details on social media. Do not do it– this can harm your claim.
Your friends and family are not the only people who see your social media posts. Keep in mind that insurance companies and the defendant’s defense lawyers will seek ways to discredit your case, and the wrong comment or photo on social media could prove their point.
Any information you post is a matter of public record. Insurance companies and your opponent’s lawyers will do their best to take even an innocent statement and use it against you.
A Pittsburgh personal injury attorney from our team will protect your rights and help you receive the maximum compensation for your injuries. Our dedicated lawyers have recovered more than $1 billion in settlements and verdicts for clients.
Not as Bad as Alleged
Because of certain postings, the insurance company or lawyer will allege the injury is not as bad as claimed. For example, anyone who says they were seriously injured in a car accident should not post photos of themselves jogging or participating in any sports.
Perhaps you just met some friends you regularly hike or play basketball with, and you are sitting with them. You know that you were just socializing because of your injury– and your crutches were out of the shot, but that is not what the casual observer will note.
Even the most innocuous answer on social media can have negative consequences. Perhaps someone asks how you are feeling, and you respond, “Fine.”
The person may have referred to a recent bout of the cold or flu, but since you were not specific, the insurer may claim your answer means your injury is much better. As silly as this sounds– this is what you are up against.
Avoid Social Media
In an era where using social media is a way of life, leaving it is often difficult. For best results, stay off it entirely, or post pictures you know are harmless— such as your cat, or the cake you just ate – on platforms like Instagram.
If you cannot stay away from social media, avoid posting any photos or videos, or discussing anything about the case. If anyone asks how you are after your injury, ignore them or state that you cannot comment on it.
You should also warn friends and family members not to mention anything about your injury on their social media posts. Explain the potential repercussions.
Locking down or going dark
An alternative is locking down accounts, such as Facebook, so that only your “friends” can see your postings. Even that is risky, because if you are one of those people with thousands of friends– there is always the risk an insurance company representative may have mutual friends.
If they are assigned the task of looking into your activities to disprove your claim, you should assume they will contact a mutual friend to get screenshots.
Deactivating or deleting your social media accounts is another consideration. Known as “going dark,” it is probably the best way to ensure that you are not tempted to start posting and run the risk of writing something that could end up harming your case.
You can announce to friends or followers that you are just taking a break from social media for a while. It is well worth the temporary inconvenience.
Contact us today for a free consultation
If you or a loved one were seriously injured because of someone else’s recklessness or negligence, contact an experienced Pittsburgh personal injury attorney from our team. Call us or text us today or fill out our online contact form to schedule a free consultation.
We will evaluate your case and advise you of your options. Although most cases are settled, we do go to trial when necessary.