The Impact of Social Media on Personal Injury Cases

Social media platforms like Facebook, Instagram, Twitter, and TikTok are part of many people’s daily lives. We may use social media to express opinions, connect with friends and family, or even to look for jobs. These platforms have become so normal that you might overlook some of the ways they can harm you, especially if you are involved in a personal injury case. Everything that you post online can significantly affect your claim and ability to collect compensation.

If you aren’t familiar with the insurance or legal industries, you might be surprised to learn that insurance companies and defense attorneys regularly turn to social media to find evidence that can undermine your personal injury case. It’s up to you to be smart about how you use these platforms during your case. Or better yet, to decide whether it’s worth using them at all. Sadly, even seemingly harmless posts could come back to haunt you. Here are some things to consider before you post anything on social media after suffering a personal injury.

Social media and the defense

Insurance companies and defense attorneys want to minimize the amount they or their clients have to pay injury victims. Social media can be a valuable tool when they are trying to find evidence that undermines your claim. There may be someone monitoring your online presence for the insurance companies or the defense to see if they can find inconsistencies or contradictions that can weaken your case.

For example, if you’re claiming severe back pain after a car accident and post a picture of yourself gardening, the opposing side may use this to argue that your injuries are not as serious as you claim. Just checking in at a restaurant or sharing a vacation photo, can become fodder for those who wish to suggest that your injuries are not affecting your life significantly. If you claim that your injury has caused emotional distress, but you post a picture of yourself smiling at a social event, the defense might argue that you are actually recovering well and perfectly happy. Similarly, if you claim to be bedridden but post a status update about a recent trip, it can severely damage your credibility.

Also, a post about a prior accident, even something as simple as posting that you fell on your bike, or tripped at the gym, might give the defense a way to argue that your injuries predate the accident in the case. As you can see, it’s vital to be careful about what you post.

It’s worth noting that social media activity doesn’t just include what you post but also what others post about you. If a friend tags you in a photo or checks you into a location, their post can also serve as evidence. Check in with family and friends and ask them to keep you out of their posts as well.

How social media can affect your case

In a personal injury case, the burden is on you to prove that the defendant’s negligence caused your injuries. If your posts suggest you are exaggerating your injuries or that your injuries stem from something other than the defendant’s actions, it can seriously undermine your claim.

Courts do typically allow social media evidence as long as it’s relevant to your case. In fact, even your deleted posts and private messages are often recoverable, and the defense may use them against you. Evidence that you deleted posts could even suggest that you are hiding something, so it’s better not to try to cover up things that are already out there. The right course of action might vary depending on the facts in your case, so your best bet is to consult with an experienced attorney about any concerns you have over your social media. The personal injury lawyers at Soroka & Associates can help.

Social media use during a personal injury case

Here are some quick best practices to follow during your personal injury case:

• Limit social media activity: The safest approach is to refrain from posting on social media altogether while your case is ongoing. This includes things like status updates, sharing photos, commenting on posts, or even liking other people’s content.
• Be mindful of what you post: Avoid posting anything that could be construed as contradicting your injury claims. This includes photos, videos, status updates, or comments about your activities, physical condition, or emotional state.

How social media can be used positively

Although using social media is often a risk in personal injury cases, it can also be used to your advantage in certain situations. For example, in some instances, the defendant’s social media posts may strengthen your case. For instance, if the other party posted about drinking before a car accident, this evidence could help support your claim of negligence.

If you were injured due to the negligence of another, don’t wait to contact an attorney. At Soroka & Associates, LLC, our experienced Columbus personal injury attorneys are here to fight for your rights and ensure you receive the compensation you deserve. Contact us today for a free consultation, and let us guide you through your case with confidence. Call our offices or submit our contact form to secure the legal support and guidance you deserve today at a free consultation. We happily serve clients throughout Central Ohio.