Social media can hurt your injury claim

DECEMBER 2, 2020

In the world we live in today, it’s tempting to share every aspect of our lives on social media. If you’ve been in an accident, one of the first things people want to do is share the details on social media to let family and friends know about it. But, because social media is public, that post lets the whole world know about your accident and injuries that could turn into a personal injury claim.  

 It may be easier said than done to stay off of social media during a personal injury case, and that includes sharing about the incident that caused the claim in the first place. If pursuing a personal injury claim, pause from posting on social media during the claim. Sharing a few snapshots of your day or something as simple as checking in somewhere could put a claim at risk. 

Why does it matter? 

Posting to social media might be a regular part of your every day and seem entirely harmless, but those innocuous posts could unintentionally provide information. Personal injury claims help victims overcome difficulties from injuries and loss associated with an accident; victims are compensated for the hardship they’ve endured. But, this process isn’t automatic, and it’s not always fair. 

 Insurance claims adjusters, defense attorneys, and even other parties involved in your accident are trying to minimize their liability and, in turn, decrease the amount they have to pay.

 That process includes using anything you’ve said—on social media or in-person—against you. That is why we always recommend having an attorney present when speaking with an insurance company or giving the bare essentials when describing accidents. 

The defense will be searching for anything that might suggest a claim is dishonest or embellished. Even if posts do not directly address injuries or what may have caused them, if you’re posting about being on vacation or showing yourself working out – they might have reason to assume your injuries might not be all that bad. 

Defense attorneys will examine social media accounts looking for details like:

• Photos of you smiling or having fun, which might indicate you are not as injured as you claim.

• Photos or posts that show you managed to maintain a thriving social life after the accident.

• Check-in posts that reveal where you went before or after the claim was filed.

• Admission of fault, a simple statement like “I wrecked my bike” could have larger liability impacts than realized.

• Posts that show you participating in physical activities, such as sports or exercising at the gym.

 As invasive as this may sound, social media posts are not “yours.” Courts have ruled that it’s free game to be used as public information if something is posted online. 

As a general rule, staying off social media is the safest option not to damage your injury claim (and a social media hiatus can always do everyone some good)! At Dawson Law Firm, we can provide the legal advice you need regarding issues like this and many more so that you can successfully get through the process of filing a personal injury claim as smoothly as possible.