The Impact of Social Media on Personal Injury Claims

Almost every person uses a social media account to keep in touch with their friends, family, classmates, and coworkers. Social media is a powerful tool that helps us locate old friends and even share updates with our families living across the world.

If you are in the middle of a Chattanooga personal injury case, it may come as a surprise to learn that posting something simple on social media could affect the entire outcome of your claim.

What are the risks of using social media during a personal injury case?

When it comes to personal injury cases, social media posts can serve as evidence against you. Insurance adjusters and lawyers are always looking for ways to prove you wrong, undermine your case, and show that your injuries are not as serious as you claim. One of the most useful ways they can do this is to use your social media accounts against you.

For example, if you check in to the gym after claiming you suffered a severe leg or arm injury, the opposing party may use this check-in to show that you lied about your injuries or that they are not as severe as you claimed. Another example is if your uncle posts a photo of you walking your dog on the beach after claiming that you lost strength and mobility in your arms or legs. That image could be used to argue that you are not having any difficulties getting around and are not experiencing a challenging recovery.

Steps to take when using social media during a personal injury case

While you should likely take a break from social media during a personal injury case, some people refuse or prefer not to do this. If you are one of these people, it is important that you take the following steps immediately:

• Change your privacy settings: Make your social media accounts as private as possible. This step can help prevent users who are not on your friend’s list from seeing most of your posts.
• Avoid accepting friend requests from unknown accounts: Insurance adjusters and attorneys may make fake social media accounts to access your information. Therefore, if you receive a friend request from a person you do not know, you should avoid accepting it. It is also a good idea to review your friend’s list and ensure you know everyone on it. If there is anyone you do not recognize, it may be a good time to unfriend or unfollow them.
• Ensure friends and family know not to post anything that could affect your case: Even if you take a break from social media or refrain from posting anything during this time, insurance adjusters or attorneys may look at accounts that belong to your friends and family members. Therefore, reminding them not to post anything about you that could affect your case is crucial.
• Never delete previous photos or posts: While you might think it is a good idea to delete certain photos or posts from the past, this will look like you are trying to hide something. Indications that you are concealing something could undermine your credibility or make you look like a dishonest person who cannot be trusted.

How adjusters and attorneys use social media in a Chattanooga personal injury case

There are several ways that adjusters and attorneys use social media in personal injury cases, which include:

• Educating their clients about the opposing parties: Social media can help adjusters and attorneys to educate their clients about the opposing parties. For example, they may learn key information about your personality or gain a better understanding of what type of person you are, which could help prove their side of the story or contradict your claim.
• Keeping an eye on the opposing parties: Throughout the entire legal process, the adjusters and attorneys will likely try to keep an eye on you. During this time, they will look for any photos, comments, tags, posts, or check-ins that may reveal inconsistencies or support their case.
• Looking for evidence to help their clients: Social media can also help adjusters and attorneys find out information about your medical condition, places you travel to, how you are spending your recovery time, and more. Any of this information can serve as evidence to help their clients and reduce the amount of compensation they may need to pay you.

Dos and don’ts of social media when navigating a personal injury case

Approximately 5 billion people around the world use social media. This number is a clear indicator that the use of social media has become a huge part of everyone’s life. However, due to the risks of using social media when navigating a personal injury case, there are a few dos and don’ts you should remember during this time, which we discuss below.

Dos:

• Do be careful about what you post: Before you post anything on social media, you may want to reach out to a personal injury lawyer to find out whether it could impact the outcome of your case. The opposing team is likely watching your accounts, waiting for you to post something that can be used to fit their narrative or disprove your claim.
• Do limit your social media posting: If possible, you should limit your social media posting during this time. This means that it is a good idea to avoid posting about your accident, injuries, medical updates, finances, or anything else related to your case.
• Do only be honest and transparent about your recovery: If you have already been posting about your recovery and insist on keeping your friends and family updated, you should make sure you are being honest and transparent. For example, if your injuries have made it difficult for you to continue working at your job, tending to the garden you love, or even participating in sports or other activities you were frequently involved in, it may not affect your claim to post about this as long as you are consistent.

Don’ts:

• Don’t discuss the details of your accident: If you have posted about your accident in the past, it is important that you refrain from giving too much detail going forward. For example, if you were involved in a car accident, you should not post photos of your car or the other party’s vehicle, write posts complaining about the other driver, or even issue an apology to the children who were in the backseat of the vehicle that hit you.
• Don’t post anything that could contradict or show inconsistencies in your claim: Do not try to make your social media look like you are doing fine and are not struggling when you really are. This will only result in the opposing team using this information to show contradictions or inconsistencies with your claim and your social media accounts.
• Don’t assume that no one can see your social media accounts: Even if you change your privacy settings and get rid of several people on your friend’s list, you should never assume that no one can see your social media accounts. Attorneys and insurance adjusters have tools and resources to gain information from your accounts. Therefore, you must continue to be careful and cautious during this time.

The Chattanooga personal injury attorneys at Wagner Workers’ Compensation & Personal Injury Lawyers are ready and available to answer your questions and concerns regarding social media. Our team understands how social media can affect a personal injury case, and we will do everything we can to protect your rights and ensure that your case ultimately succeeds. If you need legal advice or guidance before making a social media post, please call our office or submit our contact form today to schedule a free consultation. Don’t let a small mistake jeopardize your entire case. We happily serve clients in Cleveland, Chattanooga, and North Georgia for your convenience.