In today’s interconnected world, social media has become a pervasive part of daily life. However, what many people overlook is the potential impact of their social media activities on personal injury claims. Whether it’s a car accident, slip and fall, or other incidents leading to injury, what you post online can significantly impact the outcome of your case.
The Impact of Social Media on Personal Injury Claims
- Evidence for the Opposition: Insurance companies and defense attorneys frequently scour social media profiles for any information that contradicts the claimant’s injury or disability. Pictures or posts depicting physical activities or outings might be used to refute the severity of claimed injuries.
- Misinterpretation of Posts: Even seemingly innocuous posts or comments can be misinterpreted. A simple post about feeling “better” or being in high spirits could be misconstrued as evidence that the injuries are not as severe as claimed.
- Preservation of Evidence: Insurance companies have the right to demand that claimants preserve their social media posts and refrain from deleting any content. Deleting posts after an incident might be viewed as an attempt to destroy evidence.
How Insurance Companies Use Social Media Against You
Insurance adjusters often use social media to:
- Dispute Claims: They may use your posts to argue that you’re exaggerating or misrepresenting your injuries.
- Challenge Credibility: Posts showcasing an active lifestyle might contradict claims of severe pain or disability, undermining your credibility.
- Undermine Compensation: They could use your social media activity to justify offering a lower settlement or denying your claim altogether.
Dos and Don’ts for Social Media During a Personal Injury Claim
Dos:
- Limit Posting: Avoid posting anything related to your injury, the incident, or your case.
- Adjust Privacy Settings: Ensure your privacy settings are strict to limit who can see your posts. However, this won’t help if they subpoena the records.
- Consult Your Attorney: Seek guidance from your attorney regarding what is safe to post or share.
Don’ts:
- Don’t Discuss the Incident: Refrain from discussing details of the incident, your injuries, or your case on social media.
- Avoid Sharing Activities: Avoid sharing photos or status updates about activities that might contradict your injury claims.
- Don’t Delete or Modify Posts: Do not delete or modify any social media content after the incident, as this could be seen as tampering with evidence.
Authoritative Sources Supporting Social Media Impact on Cases
According to The American Bar Association, social media has significantly influenced litigation strategies, with 80% of attorneys admitting to using social media as evidence in cases. Additionally, Forbes highlights cases where social media posts have adversely affected personal injury claims, leading to reduced compensation or case dismissals.
The Importance of Caution and Legal Guidance
Understanding the potential ramifications of social media activity on a personal injury case is crucial. Seeking legal advice early in the process can help you navigate the dos and don’ts of social media during a claim.
In conclusion, exercising caution and restraint on social media platforms is paramount when involved in a personal injury case. What you post or share online can have a substantial impact on the outcome of your claim. Being mindful of your social media presence and following the advice of legal professionals can significantly protect your interests and strengthen your case. The personal injury attorneys at Shapiro | Delgado | Hofmann are ready to take on your case and advise you on. your options. We can walk you through best practices via our free case evaluation. Contact our personal injury lawyers in Sarasota and Bradenton today!
