Social Media and Personal Injury Claims
In the digital age, social media has become a double-edged sword in personal injury cases, often having a significant impact on the outcomes. While these social media platforms allow us to stay connected with friends and family by sharing updates freely, they can also serve as a goldmine of evidence that might affect the proceedings of a personal injury lawsuit for injury victims.
Public social media posts, photographs, and comments can be misconstrued or taken out of context, potentially undermining the legitimacy of a personal injury claim or affecting the perceived severity of an injury.
Understanding the intertwining of social media and legal matters is crucial for anyone navigating the complexities of a personal injury case. The experienced lawyers at PhillyLaw can help you use social media appropriately during your personal injury claim to protect your damages.
How Social Media Can Impact a Personal Injury Claim
Social media can significantly impact your personal injury claim in several ways. Insurance companies and defense attorneys often scrutinize the social media profiles of claimants seeking any content that could undermine the credibility of the claim. For instance, if you’ve filed a claim for a serious injury but post pictures of you engaging in physical activities, it could suggest your injuries are not as severe as claimed.
Even seemingly innocuous social media posts can be taken out of context to challenge the extent of your injuries, your recovery process, or even your emotional distress. Thus, it’s prudent to exercise caution and consider the potential consequences before posting anything on social media during your personal injury claim.
How Can Social Media Hurt My Personal Injury Case?
Social media can inadvertently damage your personal injury case in several critical ways.
Defense Lawyers Can Subpoena Access to Your Social Media Profiles
Defense lawyers may seek to access your social media profiles to gather evidence that contradicts your personal injury claims. For example, comments or photos that depict physical activity or a seemingly carefree lifestyle may be used to argue that your injuries are less severe than stated.
Additionally, in the context of a personal injury lawsuit, a defense lawyer or an insurance company can subpoena your social media account log-ins if they believe that your profiles contain evidence relevant to the case. This means that during in the course of discovery in a personal injury lawsuit, the opposing legal team and the insurance company can gain access to your social media accounts to find posts, photos, messages, or other information that might affect the outcome of your claim.
Courts generally require that the request for such information on social media platforms be relevant and not overly broad. However, if granted, this could lead to a thorough examination of your social media activity. Therefore, it’s crucial to be mindful of your online presence and consult with your attorney about the best practices for social media use during your case.
Scrutiny of Old Social Media Posts Can Call Question to Your Claim
Posts from the past could be scrutinized to question the cause and authenticity of your reported injuries. Even if you believe your profile is private, there’s a possibility that mutual connections could share your social media posts with opposing legal teams.
Real-time Social Media Posts Can Undermine Your Personal Injury Claim
Real-time location updates or check-ins can undermine claims of loss of enjoyment or significant lifestyle impact due to the injury. Social media, while a tool for connection and expression, can become a significant liability in personal injury litigation.
What Should I Do to Protect My Social Media Accounts When I File a Lawsuit?
When involved in a lawsuit, particularly a personal injury case, protecting your social media accounts is critical to safeguarding the integrity of your claim. Here are essential steps social media users should consider:
Strengthen Privacy Settings
Immediately review and adjust your social media account’s privacy settings to the strictest level. This action helps limit who can see your posts, photos, and profile information.
Pause Posting
Consider taking a break from posting on your social media accounts for the duration of your lawsuit. Even social media posts unrelated to your case can be misconstrued and used against you.
Be Cautious with Public Engagement
When you’re involved in personal injury litigation, it’s wise to exercise caution not only with your posts but also when commenting on others’ social media content. Comments you make on friends’ or public pages can also be scrutinized. It’s essential to avoid discussions or comments that relate to your injury, health, activities, or the lawsuit. Even seemingly harmless interactions can be interpreted in ways that might not reflect the reality of your situation. This includes liking or reacting to posts that could imply a contradiction to your claim. Essentially, think carefully about how any form of engagement could be perceived by someone looking for inconsistencies in your case.
Screen Friend Requests
Be cautious about accepting new friend requests to any of your social media accounts. Do not accept friend requests from individuals you do not know personally at this time. Insurance companies or defense attorneys might use fake profiles to access your posts and gather information from your social media account.
Do Not Delete Old Social Media Posts
It might seem instinctive to delete old posts from a social media platform that you think could negatively impact your personal injury claim. However, doing so can actually harm your case. Once litigation has started, or even if you anticipate it might, your social media accounts can be considered evidence. Deleting posts can be viewed as destroying evidence, which can lead to legal repercussions, including sanctions by the court.
Furthermore, the deletion of content can be seen as an admission that you had something to hide, which could undermine your credibility and affect the outcome of your claim. It’s crucial to leave your social media history intact and discuss any concerns about potentially problematic posts with your attorney to decide on the best course of action.
Consult Your Attorney
Before you delete an existing social media post or make a new one, consult with your personal injury lawyer. They can guide what might be prejudicial to your case and how to handle your social media accounts properly.
Avoid Discussing Your Case
Refrain from discussing any aspect of your lawsuit on social media, including posts, comments, or private messages. Any mention could be used to undermine your claim.
Following these steps can help protect your personal injury claim and prevent social media from negatively impacting your lawsuit.
We Are Committed to Ensuring Your Social Media Does Not Impact Your Recovery for Your Personal Injury Claims
At PhillyLaw, we understand how the digital age and social media can impact your personal injury case. The profound impact an injury can have on your life and the lives of your loved ones. You deserve an experienced personal injury lawyer to handle your case. Our skilled legal team is dedicated to fighting for the rights of accident victims, ensuring they receive the justice and compensation they deserve. Whether negotiating with insurance companies or representing you in court, our goal is to lift the legal burden from your shoulders, allowing you to focus on recovery. If you or a loved one has been injured, we encourage you to contact us for a free consultation. Together, we will explore your options and diligently work toward securing the most favorable outcome for your case.