Can Social Media Affect Your Personal Injury Case?

Social media has become a large part of our daily life. Not only is it a great way to keep in touch with your friends and family but it is also how many of us stay connected to the world. However, if you are involved in a personal injury case, there are dangers to using social media that you need to be aware of before you post online. What may seem like an innocent comment or photo could be damaging to your case.

Here are some ways that personal use of social media can negatively impact your personal injury case:

Testimony Contradictions

The intention and meaning behind what we say can easily be misinterpreted or misconstrued as being contradictory to your testimony. If you’re currently involved in a personal injury case, you need to take extra precaution when posting on social media because your words, photos, tweets, and updates are there for anyone to read and see. Even though you may want to post what seems like an innocent update, it can lead to detrimental results in your case if those posts are taken out of context.

Cast Doubt on Your Claims

Similarly, social media posts can be used to cast doubt on the truthfulness of your claim. For example, a photo of you active at a birthday party or playing with your children might be used as evidence to show that you are either not as injured as previously claimed, or that you have already recovered.

What Can You Post After The Personal Injury Claim is Settled?

In general, avoid talking about the details of your accident, injuries, or personal injury case with anyone on social media during your case. After the case has resolved, use your best judgment as to whether you should post details on social media.

Critically, if part of the resolution of your case includes a signed confidentiality agreement, anything you say about the case on your social media profile could be considered a breach. It is possible that such a breach could result in you having to owe damages for the breach.

Do & Don’t Post on Social During Your Case? 

If you still want to use social media as a form of communication with family and friends during your active personal injury case, consider the following:

Do!

• Change your social media profile from public to private to control who has access to your profile and posts. Typically, investigators and insurance companies only have access to your information that is publicly available.

Don’t!

• Do not post anything about the incident, your injuries, thoughts, or updates about the case.
• Do not post anything negative about the defendant or insurance company involved in the case.
• Do not mention any information you have discussed with your personal injury lawyer.
• Avoid sharing photos or videos showing yourself traveling or engaging in physical activities that could contradict your reported injuries.