In the course of our personal injury practice, we have seen numerous instances where clients' social media posts have jeopardized their personal injury claims. In today's digital age, the temptation to share every aspect of our lives on social media is strong, especially after experiencing a traumatic event like an accident. However, oversharing can have serious repercussions on your personal injury claim. In this article, we will discuss the impact of social media on personal injury claims and offer advice on how to avoid putting your case at risk.
Impact of Social Media on Personal Injury Claims
When you file a personal injury claim, insurance adjusters, defense attorneys, and other parties involved in the accident will do everything in their power to minimize their own liability and decrease the amount they have to pay you. This includes using your social media posts against you in court. As experienced personal injury attorneys, we recommend that our clients limit the information they share online. Avoid admitting liability, demonstrating remorse, downplaying your injuries, or making negative comments about any party involved in the accident. Better yet, simply don't post on social media at all.
Why Social Media is Risky
Many people are under the false impression that they have a right to privacy on social media. In reality, anything you post online is considered a public statement, and interested parties like opposing attorneys and insurance adjusters can easily access this information. Privacy and security settings may offer some protection, but they are not foolproof. It is crucial to be cautious about what you share on social media during your personal injury claim.
5 Things to Never Post on Social Media After an Accident
To protect your personal injury claim, avoid posting the following on social media:
Admissions of fault: Even seemingly innocuous statements can be twisted to imply guilt or legal liability. Refrain from making any comments about the accident that could be construed as admitting fault.
Regret or apologies: Apologizing for your role in the accident may seem like the right thing to do, but doing so can be used against you in court and significantly reduce the amount of your settlement.
Photos/videos from the crash scene: While it's important to document the accident scene for your attorney, sharing this evidence publicly can be detrimental to your case.
Evidence to minimize your injuries: Posting pictures of yourself at social events or participating in activities can be used to argue that your injuries are not as severe as you claim.
Aggressive, inciting, or angry rants: Venting on social media about your accident may feel therapeutic, but it can be used against you in court. Keep your emotions in check and avoid posting anything that could be perceived as vindictive or incendiary.
Smart Advice to Limit Social Media's Impact on Personal Injury Claims
To safeguard your personal injury claim, follow these steps:
If you have already posted about the accident, do not delete the posts, as this may appear suspicious. Instead, consult with your attorney about the best course of action.
Set your social media profiles to private to limit who can access your posts.
Do not accept friend requests or follows from unknown individuals during the claim process.
Remember that even text messages and emails can be accessed in some cases, so exercise caution when discussing your case through these channels.
Consult a Personal Injury Attorney to Protect Your Claim
At Phillips & Associates, we have helped countless clients navigate the complexities of personal injury claims, including the impact of social media on their cases. Consulting with an experienced attorney immediately after your accident is the best way to learn what steps to take to maximize the financial compensation you may be entitled to.
In conclusion, it is essential to be mindful of your social media usage during a personal injury claim. By following the suggestions outlined above and retaining an experienced personal injury law firm as soon as possible following your accident, you will ensure the best possible outcome in your case.