Social Media’s Impact On Personal Injury Cases
Modern society is more reliant on technology today, than it has ever been in the past. If you are like most people, you regularly post on social media platforms regarding what you are doing, where you are and how you feel. Profiles on Twitter, Instagram, Facebook and other popular sites also display your status updates, photos, opinions and experiences. This is a great way to keep in touch with family and friends, but in some situations, it may not be the fun, social experience you expected.
The fact is, using social media after an accident can actually have an adverse effect if you have a personal injury case on your hands and are trying to recover monetary compensation for the losses you sustained. Courts have now realized the potential influence of social media postings, and as a result, they can affect your personal injury claim. In some cases, relevant and even seemingly irrelevant posts you made can be used against you as evidence to disprove your claim.
Not long ago, it was uncommon for attorneys to request access to social media accounts or request downloads of your electronic devices, including smart phones, tablets, and smart watches. However, this has now become a standard practice.
If you make an insurance claim or file a civil lawsuit, you should assume that the insurance companies, their attorneys, and/or private investigators are actively monitoring your social media activity.
As a general rule of thumb, you should avoid posting anything related to your personal injury case on social media. To be more specific, you should not post:
- Any conversations between you and your attorney
- Information that relates to your medical diagnosis or treatment
- Any feelings of frustration you have with the other party or an insurance company
- Phone or email exchanges with anyone else who is involved in the case
- Photos of the injuries you sustained
- Photos of your activities of daily living following an accident, including photos of vacations or trips
The safest approach is to maintain a “digital silence” during your case, as even well-meaning posts can be misconstrued.
Limit Posts, Check-ins, and Photos in General
If you are claiming that you have suffered severe, limiting injuries, then photos of you playing sports or hiking can result in serious doubt regarding if you are really injured. However, there are even innocuous posts that can be used against you in court during your personal injury case. If you are regularly checking in at parties, restaurants and other types of events with your friends, then it may create doubt about damages including any loss of enjoyment of life, emotional distress or pain and suffering since it will look as though you are living normally. Additionally, make sure your friends aren’t tagging you in check-ins or photos, either. Even if you’re not actively sharing updates, others may still involve you in their posts, which can be discovered and used against you.
Avoid New Requests From Friends or Followers
In some situations, an insurance company or another party involved in the personal injury case may have someone request a connection with one or more of your social media accounts. This is usually done to have easier access to what you are posting, including information and photos. Don’t accept any type of new request on social media sites unless you know the individual who has made it very well.
Again, it is best practice to assume that insurance companies, their attorneys, and/or private investigators are actively monitoring your social media activity.
How Social Media is Used in Court
Recent legal trends show that social media posts are being used more frequently in personal injury cases. Attorneys are now routinely reviewing the opposing party’s social media history, looking for anything that might weaken a claim. For example, in one case, a plaintiff claimed debilitating injuries after an accident, but posts showing them participating in physical activities undermined their claim and ultimately led to a dismissal.
