How Social Media Can Impact Your Personal Injury Claim

Posting about your accident case on social media is generally a bad idea. It can significantly affect your personal injury claim in several critical ways:

• Admissions of fault or inconsistencies: Any statements you make about the accident, your injuries, or your recovery can be scrutinized. Inconsistent or offhand comments can be interpreted as admissions of fault or exaggerations of your condition.
• Contradictory claims: If you post photos, videos, or status updates that contradict the severity of your injuries or your inability to work, this evidence can be used against you. For example, if you claim severe back pain but post a picture of yourself engaging in physical activities, it could undermine your credibility.
• Ineffective privacy settings: Even with strict privacy settings, your posts might still be accessible. Friends or acquaintances can share your posts, making them publicly available. Courts may also issue subpoenas to access your private social media content.
• Location data: Posts that include location tags or check-ins can be used to track your whereabouts and activities, potentially contradicting your claims about mobility or pain.
• Make private information public: Even though people posting on social media might think differently, social media posts are often considered public information. Defense attorneys and insurance companies may monitor your accounts for any evidence that can be used to challenge your claim.
• Negatively impact settlement negotiations: Insurance adjusters may use your social media activity to argue that your injuries are not as serious as claimed, potentially reducing the settlement amount.

Can I post on social media without jeopardizing my accident case?

To post on social media without jeopardizing your accident case, follow these guidelines:

• Adjust privacy settings: Set your profiles to private and limit your posts to trusted friends and family. Be aware that even private posts can sometimes be accessed or shared, so tread lightly.
• Avoid discussing the accident: Do not post any details about the accident, your injuries, or your personal injury case. This includes sharing photos, videos, or written accounts of the incident.
• Avoid emotional posts: Stay away from posting emotional outbursts or rants about the accident, the other party, your injuries, insurance companies, or the legal system. Such posts might be used to question your character and credibility.
• Be cautious with tags and check-ins: Ask friends and family not to tag you in posts or check you into locations to help prevent others from tracking your activities.
• Don’t post about physical activities: Do not post about physical activities, even if you think they are unrelated to your injury. Photos or comments about exercise, travel, or recreational activities can be used to argue that your injuries are not as serious as you claim.
• Limit your online activity: Minimize your social media activity to avoid any misinterpretation of your posts. Remember, even seemingly harmless posts can be taken out of context.
• Review old posts: Check your previous posts for any content that might be used against you in your current case. Consider removing or adjusting the privacy settings on these posts.
• Stop accepting friend requests: Be cautious about accepting new friend requests, especially from people you do not know. Insurance companies and defense attorneys might attempt to gain access to your information by “friending” you on social media.
• When in doubt, ask your attorney: Discuss your social media use with your attorney. They can provide specific advice tailored to your case and jurisdiction.

What about using social media to get information about the other driver?

Using social media to find evidence on another driver in your accident case can be a double-edged sword. While it might yield useful information, it also carries risks. Here are some considerations to make:

Potential benefits:

• Relevant public posts: If the other driver has made public posts about the accident, their activities, or their condition, these could be relevant to your case. For example, if they admit fault or share details that contradict their statements, this could be useful evidence.
• Evidence of careless behavior: Posts showing reckless behavior, such as speeding, drinking, or other risky activities, could support your claim that the other driver was negligent.
• Timeline information: Social media activity can help establish timelines and contradict the other driver’s claims about their whereabouts or activities leading up to the accident.

Potential risks:

• Privacy and legal boundaries: You must respect privacy laws and avoid illegal activities such as hacking or misrepresenting yourself to gain access to someone’s private information. Using illegally obtained evidence can harm your case and lead to legal repercussions.
• Misinterpretation: Social media posts can be taken out of context, and what might seem like useful evidence could potentially be misinterpreted or refuted by the other party to your lawsuit.
• Ethical considerations: Engaging in deceptive practices to gather evidence can damage your credibility and standing in the eyes of the court.

Before attempting to gather evidence from social media, discuss it with your attorney. They can guide you on what is legally permissible and relevant to your case. Ask them about hiring a professional investigator with the expertise to gather evidence within legal and ethical boundaries.

If you decide to look the other party up on social media, only use publicly available information and do not attempt to access private profiles or use deceitful methods. If you find useful information, document it thoroughly by taking screenshots and noting the dates and context of the posts. By approaching social media evidence cautiously and legally, you can potentially strengthen your case without compromising your integrity or legal standing.

No matter what kind of personal injury you have suffered, Rocky McElhaney Law Firm is prepared to protect your rights. Our team of attorneys and paralegals help you feel comfortable and take the stress of your case off of your shoulders. Call us or fill out our contact form to schedule your free consultation today. We have offices in Clarksville, Hendersonville, Murfreesboro, and Nashville, and serve clients across Tennessee.