People have become accustomed to sharing everything on their social media accounts. Facebook, Instagram, X, and TikTok are the most prominent platforms on which people interact with each other. While using social media may not be harmful, it may affect your personal injury claim.
This blog post discusses insights into social media activities that may affect personal injury claims and tips on appropriate social media conduct while waiting for the outcome of the personal injury claim.
Impact of Social Media on Personal Injury Claims
Every personal injury lawyer aims to prove that the accident happened due to someone else’s negligence and ensure they receive appropriate compensation. The defence lawyer and most insurance companies often look for techniques to challenge these claims and diminish their value. One such method is to use your social media profile to acquire information that they hope to use to discredit your claims and question your credibility.
Be cautious about posting on social media. Anything can be misinterpreted and used against you.
How Social Media Can Negatively Affect Your Claim
Here are some ways that your social media behaviour may affect your personal injury case:
1. Contradicting Your Injury Claims
The impact of an injury on your life is a significant factor in personal injury claims. Social media posts showing that you are participating in physical activities like trekking, dancing, working out in the gym, etc., may negate your claims. This can be the case even if your participation in the event was minor compared to what you did in the past. You may have only gone out one time all year, but if you post that outing to your social media, the defence lawyer will use it to make it look like you are social and active, despite your claims otherwise.
2. Undermining Emotional Distress Claims
An injured person’s trauma also holds significance in a personal injury case. Emotional suffering may not always be visible on the face. However, a social media photo of you smiling or enjoying an event may still be misinterpreted and used against you.
3. Sharing Details About the Accident
People frequently use social media to show their experiences and express their complaints. However, disclosing too much information about your accident, injuries, or the ongoing legal proceedings might be hazardous. Posts on who you feel was at blame, comments about the status of your case, or simply expressing anger against the other party can all be taken out of context and used against you in court. Avoid sharing any elements of your case online.
4. Photos and Tags from Friends
Even if you’re careful about what you publish, you might still be vulnerable if friends or relatives tag you in their postings or share your images. For example, if a friend tags you in a photo from an event where you seem physically engaged or in high spirits, the defence may use this as evidence to refute your allegations. It is critical to watch what people publish and, if necessary, suggest that they abstain from tagging or posting personal information about you throughout your case.
Tips To Safeguard Your Personal Injury Claim on Social Media
It might appear that shunning social media entirely is the safest option. However, this is not always possible. Instead, use these steps to preserve your personal injury claim while staying active on social media:
1. Set Your Accounts to Private
While this will not protect your accounts from inspection or discovery obligations (the defence lawyer may still ask for private posts to be produced if they are deemed relevant), changing your profiles to private reduces the number of individuals who may view your postings. Only your approved friends and followers will be able to view your stuff. However, remember that private posts can still be subpoenaed, so you must exercise caution when sharing information, even with close friends.
2. Avoid Posting About Your Injury or Case
It is critical not to post details about your accident, injuries, or legal processes on social media. This includes direct remarks, postings, images, and videos about your injury or its effects on your life. Even innocuous remarks about your injury might be exploited against you.
3. Be Mindful of the Content You Post
Posts showing you participating in physical activities, attending events, or simply having a night out with friends might be used to refute your claims of injury or mental anguish. Before sharing anything, consider how it may be construed by someone attempting to discredit your argument.
4. Monitor Tags and Photos Shared by Others
Stay alert to what others publish, especially if they tag you in images or mention you in posts. Politely suggest that friends and relatives refrain from tagging or publishing about you until your case is decided. If required, change your privacy settings so that you may check tags before they show on your profile.
5. Consult with Your Lawyer
Talk to your lawyer if you need clarification about what’s appropriate to post or how to manage social media throughout your personal injury lawsuit. They can advise on optimal methods for avoiding jeopardizing your claim.
Conclusion
Social media is a personal possession of any individual. However, it can influence the outcome of a personal injury claim. Posting anything online can be narrated in a way that discredits your claims. You must use social media mindfully to avoid losing the compensation you deserve. It is advisable to seek advice from your personal injury lawyer on the best practices for using social media.
At SG Injury Law Firm, our experts can help you avoid such mistakes and develop a compelling case for compensation. Visit our website to see how we can help you get appropriate compensation.