Revealing information about your accident on social media can harm your ability to recover compensation for damages in a personal injury lawsuit.
Summary
- Posting on social media can affect your personal injury claim negatively, leading to insurance companies denying or undervaluing compensation for your damages.
- Posting a picture, information, or comment can compromise the strength of your personal injury case if it is inconsistent with the facts you have presented.
- Under Florida law, insurance companies are allowed to use what you post on social media as evidence to argue that you should receive less compensation.
Following an accident, victims often suffer damages, such as medical bills, lost wages, and pain and suffering, for which they can pursue compensation through a personal injury claim.
However, if the victim’s social media usage undermines their claim, that can affect a personal injury victim’s ability to recover fair compensation. The potential implications of social media activity include insurance companies refusing to pay for the damages or a jury favoring the defendant in a court case.
The Eberst Law Firm can advise you on the best way to use social media in a way that cannot affect your personal injury claim. Our personal injury attorneys are skilled negotiators who understand how to protect our clients.
Schedule a free consultation with our team by calling (772) 225-4900 or completing a contact form. Our team will gladly explain how social media can affect your personal injury claim and what we can do to maintain the integrity of your case.
Introduction to Social Media and Injury Claims
In today’s digital age, social media has become an integral part of our daily lives. With the widespread use of social media platforms, it’s essential to understand how social media can impact personal injury claims. Social media activity can have both positive and negative consequences on personal injury claims. Insurance companies and defense attorneys often monitor social media accounts to gather evidence that can be used to challenge injury claims.
As a result, it’s crucial for accident victims to exercise caution when using social media during ongoing legal proceedings. By being mindful of their social media presence, individuals can help protect their personal injury claim and ensure they receive fair compensation.
Keep the Details of Your Personal Injury Claim Off Social Media
Personal injury victims may want to use social media to vent after a negligent party causes a personal injury accident, such as a car, truck, or slip-and-fall accident.
Most people use social media to communicate with friends and family about what is happening in their lives. Something like a car accident is a traumatic event in their life that they may want to update their followers on.
However, posting private details about your personal injury accident can affect your ability to recover compensation for damages. It is also important not to discuss your personal injury case in private messages, as this information can be used by the defense to weaken your claim.
Every social media post can be used as evidence in a personal injury claim to diminish your ability to recover full compensation.
It’s impossible to know how an insurance company can use a seemingly harmless social media post against you, so it’s better to avoid the risk and keep any details of your personal injury claim off social media.
Personal injury victims should also speak to those close to them to ensure they do not say anything on social media about the personal injury claim, either. They should exercise extreme caution when posting on social media during such claims, as seemingly innocent posts could undermine their case and be used against them by defense attorneys.
Insurance Companies Can Use Social Media Posts to Delegitimize Your Claim
Recovering compensation for personal injury damages involves negotiating a settlement with the at-fault party’s insurance company. These insurance companies will do everything possible to deny, delay, or devalue your claim. Private investigators are often employed to monitor social media activity and verify claims through surveillance.
Insurance companies employ insurance adjusters to investigate for evidence that can delegitimize personal injury claims. Their goal is to discover information that means they do not have to pay large sums of money to compensate personal injury victims for damages. Therefore, it is crucial to avoid discussing your case online to prevent jeopardizing your claim.
HOW INSURANCE COMPANIES CAN LEVERAGE YOUR SOCIAL MEDIA AGAINST YOU
One way an insurance company will try to limit your settlement is by using social media posts that can contradict your damages. Insurance companies scrutinize social media profiles to find any evidence that can be used against your claim.
When you are pursuing compensation for damages, you need evidence to prove you suffered those damages because of the at-fault party’s negligence.
Insurance companies can also try to find evidence to disprove your damages. For example, a social media video showing you running can delegitimize your attempt to pursue compensation for medical bills regarding a knee injury.
Another example of how social media posts can affect your personal injury claim would be if you were trying to recover compensation for the loss of enjoyment of life following a car accident.
To protect your claim, avoid posting anything on social media that could contradict the loss of enjoyment of life you claim you are suffering, such as a post showing you on vacation in Maui.
Types of Social Media Posts That Can Harm Your Ability to Pursue Compensation for Damages
Insurance companies and defendants can use contradictory social media posts in settlement negotiations and court cases to affect your ability to recover fair compensation. Seemingly harmless updates on social media can be leveraged by defense attorneys to weaken your position.
Any ambiguous statements you make on social media that call into question whether you suffered damage you are pursuing compensation for are fair game. The opposing party can use such posts as evidence to challenge the validity of your claims.
While presenting a contradictory social media post does not eliminate your chance of recovering compensation, it can negatively affect your chances and decrease the value of a potential settlement.
The following are some of the types of social media posts that can hurt your personal injury claim:
- Posts about physical activity while you recover from a disabling or catastrophic injury
- Social updates that reference working while pursuing lost wages or lost earning potential
- Lies about what transpired during your personal injury accident
- Disparaging language about the defendant or their insurance company
- Multiple posts about hanging out with friends or a partner when pursuing loss of companionship damages
- Posts that indicate you have a fun life while pursuing loss of enjoyment of life damages
The Impact of Social Media on Emotional Distress
Social media can significantly impact emotional distress claims in personal injury cases. Posts showing a person smiling or enjoying an event can be misinterpreted and used against them to argue that their emotional suffering is not as severe as claimed. Emotional distress claims can be undermined by social media posts that contradict the claimant’s allegations. Furthermore, insurance companies and defense attorneys may use social media to gather information that can be used to discredit emotional distress claims. It’s essential for personal injury victims to be cautious about what they post online and to avoid sharing information that could be used against them. By exercising extreme caution on social media, individuals can help protect their emotional distress claims and ensure they receive the compensation they deserve.
Admissibility of Social Media Posts
Social media posts can be admissible as evidence in personal injury cases. Courts may consider social media posts as relevant information that can be used to support or challenge a personal injury claim. Defense attorneys may use social media posts to argue that a claimant’s injuries are not as severe as claimed or that their emotional distress is not genuine. On the other hand, social media posts can also be used to support a personal injury claim by providing evidence of the claimant’s daily life and activities before and after the accident. It’s essential for personal injury victims to be aware of the potential impact of social media on their claim and to exercise caution when posting online. By understanding the admissibility of social media posts, individuals can take proactive measures to protect their personal injury claim.
How Should Personal Injury Victims Use Their Social Media Accounts?
Negotiating fair settlements for personal injury claims can be difficult. Taking proactive measures to protect your case is crucial. Insurance companies will use anything, including your social media activity, to call into question the severity of your injuries.
Therefore, plaintiffs should restrict their social media use while they are involved in the personal injury claims process. However, personal injury victims do not have to abandon social media entirely.
As long as they avoid posting about their claim or activities, they should be fine. Posts about world events, politics, culture, movies, music, or sports should be fine.
Before posting on social media, victims should consider what damages they are pursuing compensation for. They shouldn’t post anything that has to do with those damages and can be used against them later on. Additionally, it is important to monitor tags to stay aware of how others reference or tag you in shared photos and posts.
How Can a Personal Injury Lawyer Help You Recover Compensation for Damages?
If you were involved in a personal injury accident caused by a negligent party, you could file a personal injury claim. This allows you to pursue compensation for damages affecting your physical health, financial situation, and quality of life.
You can seek compensation for both economic and non-economic damages. Damages include costs such as medical bills, lost wages, pain and suffering, and mental anguish. It is also important to consider the legal implications of social media activity on your personal injury claim, as online behavior can influence legal proceedings and the admissibility of evidence in court.
Hiring a personal injury lawyer can help with the process of seeking compensation. They can advise you on the safest way to use social media without affecting your ability to recover compensatory damages.
They can also help you determine the at-fault party, explain your rights, collect evidence, and negotiate a settlement.
Contact The Eberst Law Firm for Help With Your Personal Injury Claim
At The Eberst Law Firm, our personal injury lawyers can offer guidance through the claims process to increase your chances of recovering fair compensatory damages. It is crucial to understand the importance of social media evidence in personal injury cases, as it can significantly impact the outcome of your claim.
Our advice can include how to handle your social media accounts to ensure no post can further complicate the personal injury claims process.
The personal injury lawyers of The Eberst Law Firm have decades of experience that can work in your favor.
Don’t trust your case to a personal injury settlement mill; work with our dedicated accident injury attorneys instead. We will craft an individualized legal strategy to maximize your potential for recovering compensation for your damages.
Contact us for a free case evaluation at (772) 225-4900 or fill out an online contact form.
