Can Social Media Hurt Your Personal Injury Case?

Social media is a daily part of our lives, allowing us to share updates, connect with others, and express our thoughts.

However, if you are pursuing a personal injury claim, your online activity could be used against you.

Insurance companies and opposing attorneys often monitor claimants' social media profiles to find evidence that could undermine their cases.

According to recent studies, over 87% of insurance adjusters routinely check claimants' social media accounts during investigations.

How Insurance Companies Use Social Media Against You

Insurance companies seek ways to minimize or deny your compensation when you file a personal injury claim. One way they do this is by scrutinizing your social media activity. Here's how they use it:

• Contradicting Claims - If you post pictures or updates that suggest you are physically active or in good health, insurers may argue that your injuries are not as severe as you claim.
• Downplaying Emotional Distress - Posting happy or carefree content can be used to argue that your pain and suffering are exaggerated.
• Tracking Locations and Activities - Check-ins and location tags can be used to dispute your statements about mobility limitations or lifestyle changes.
• Statements That Can Be Misinterpreted - Even a seemingly innocent comment about feeling "better today" can be taken out of context and used against you.

What Not to Post While Pursuing a Personal Injury Case

To protect your claim, consider the following social media precautions:

• Avoid Discussing Your Case - Do not post updates about your injury, recovery, or legal proceedings.
• Do Not Share Photos or Videos - It must be understood that unrelated images can be misconstrued to downplay your injuries.
• Adjust Your Privacy Settings - While not foolproof, limiting who can view your posts adds a layer of protection.
• Ask Friends and Family to Be Cautious - They should avoid tagging you in posts or sharing details about your situation.
• Refrain from Accepting New Friend Requests - Insurance investigators sometimes create fake profiles to gain access to your content.

Smart Social Media Practices During a Personal Injury Case

If you're involved in a personal injury lawsuit, minimizing or suspending your social media use until your case is resolved is best practice. If you must stay active, stick to neutral content and avoid posting anything that could be used against you.

If you decide to remove past posts, document this process appropriately, as unexplained deletions might appear suspicious to opposing counsel.

Protect Your Claim with Legal Guidance

Here at OZLaw, we are dedicated to protecting our clients from the endless insurance company tactics. We want all of our readers to understand that a personal injury case requires caution, especially in the digital age that we all live in. Insurance companies have teams of investigators whose sole purpose is to find ways to diminish your claim, and your social media presence can be their most valuable resource.

Please know, if you have questions about your claim, our experienced attorneys are here to help. We offer practical strategies for managing your social media while your case proceeds and will advocate fiercely to ensure that any social media evidence is properly contextualized. Contact us today for a free consultation. Otherwise, by staying mindful of your social media activity, you can help ensure that your case remains strong and that you receive the compensation you deserve.