Can Social Media Affect My Personal Injury Claim?

Social media is a daily part of life, but during a personal injury claim, it can also become a liability. Insurance companies and defense attorneys monitor social media accounts for anything that could discredit your claim, including posts, comments, and photos. Even private messages or deleted content could be accessed and used against you. Taking a break from social media is often the safest way to protect your case. Knowing how social media can impact a personal injury claim may help you avoid costly mistakes.

With over 55 years of experience handling personal injury claims, we at Knowles Law Firm know how insurance companies look for ways to minimize payouts. We help our clients navigate these challenges and build strong cases that stand up to scrutiny. If you need legal assistance during your personal injury lawsuit, related to social media or not, please don’t hesitate to contact us.

The Impact of Social Media on Personal Injury Claims

Social media has become an integral part of our daily lives, and its impact on personal injury claims cannot be overstated. Personal injury victims must be aware of the potential risks of social media usage during an ongoing personal injury claim. Social media posts can be used as evidence against the claimant, and even seemingly innocent posts can be taken out of context to damage the claim. Defense attorneys and insurance companies often monitor social media accounts to gather evidence that can be used to contradict the claimant’s evidence or undermine their credibility.

If you get injured in an accident, it is generally best to stay off of social media. While a simple post about your accident or current activities may seem harmless, it could actually be giving the other side of your personal injury claim information to use against you. Taking a hiatus from social media for the duration of your personal injury claim can be the best way to protect your rights as a plaintiff. To minimize risks, it is often recommended to avoid social media altogether during the duration of your personal injury claim.

What Will an Insurance Company Be Looking For?

Your social media accounts, profiles, posts, and even private messages could be available for an investigator to find and use as evidence during your personal injury claim. This is especially true if you were involved in a car accident, as any comments made online can be perceived as admissions of fault or liability. An insurance company will want to find reasons to minimize your payout or deny your claim entirely. As part of an investigation, the insurer or investigator may look at your social media accounts for insights into your daily life. Do your best to mitigate this risk by deactivating your Twitter, Facebook, Instagram, Snapchat, TikTok, and other social media accounts.

An investigator for the insurance company may look you up online to find your social media accounts as part of his or her investigation. For example, discussing your employment status or activities could provide evidence that may challenge your claims for lost wages. The investigator’s goal will be to find evidence that could hurt your claim, such as signs that you made up your injuries or are not as badly injured as you claim. The investigator may look at your posts, pictures, videos, check-in locations, tagged photos, and other types of social media content for clues. He or she will be looking for incriminating things such as photos of you enjoying time spent with friends when you are claiming lost quality of life as a damage. The investigator can use anything he or she finds on your profiles against you during an injury claim.

Risks of Discussing Your Personal Injury Case on Social Media

Discussing your personal injury case on social media can be detrimental to your claim. Social media posts can be used to argue that your injuries are less severe than you claim, or that you are exaggerating or falsifying your injuries.

Even casual comments or updates about your case can be misinterpreted or taken out of context. Furthermore, social media posts can raise doubts about your honesty and credibility, which can negatively impact your case. It is essential to avoid discussing your personal injury case on social media altogether.

Real-Life Examples of Social Media Hurting Personal Injury Claims

There have been several real-life examples of social media hurting personal injury claims. For instance, a claimant who posted about their physical activities on social media was found to have contradicted their evidence of limited mobility.

In another case, a claimant’s social media posts were used to argue that they were not experiencing emotional pain, despite their claims of emotional distress. These examples highlight the importance of being cautious when using social media during an ongoing personal injury claim.

Can You Use Privacy Settings?

Deactivating your social media accounts or taking a break from posting are better options than updating your privacy settings and continuing to post like usual. Private investigators can work around privacy settings. In some cases, an attorney can subpoena your social media records. This is a court order demanding access to your social media accounts, regardless of your privacy settings. A subpoena could also have the power to pull up previously deleted posts and private messages.

Make things easier on yourself by halting social media use completely during your claim. Additionally, be cautious about accepting new friend requests, as it can be difficult to verify the true identity behind profiles during sensitive situations like personal injury claims.

Social Media Posts Tips During a Personal Injury Claim

Your social media activity can negatively affect your personal injury claim. It is crucial to safeguard your personal injury case online by avoiding any discussions or posts related to it. An insurance company could use what you post as evidence against you to deny your claim to damages. It could also use social media evidence to argue for a smaller settlement award. Do your best to avoid this common pitfall with a few simple social media tips during a personal injury case in Nebraska.

• Do not post about your accident. Posting any details of your accident prior to an investigation could lead to you publishing misinformation or accidentally incriminating yourself.
• Do not post about your injuries. Similarly, posting anything about your injuries or medical care could give the insurance company too much information to use against you – especially if you are not following your doctor’s orders exactly.
• Refrain from posting photos and videos or tagging your location, especially if they depict physical activity that could contradict your injury claims. Vacations, trips, or fun nights out with friends could hurt your claim by showing that you can still enjoy life despite your injuries.
• Tell your friends and family members not to post anything about you or with you in it for the time being.

While social media is great for socializing, it will not help you during a personal injury claim. The things you post – and the things your friends post about you – can only serve to hurt your chances of recovering fair compensation for your damages. The best way to protect yourself during a claim is to freeze or temporarily deactivate your accounts. It may take weeks or months for your personal injury claim to resolve. Stay off of social media the entire time to fully protect yourself. If you need help handling a personal injury case in Nebraska, contact an attorney.

Worried About Social Media Affecting Your Lawsuit? Protect Your Claim With Knowles Law Firm

Social media can be a powerful tool, but during a personal injury claim, it can do more harm than good. Insurance companies and defense attorneys actively search for any posts that may weaken your case, even if they seem harmless. We have seen firsthand how a single photo or comment can be misinterpreted and used to dispute legitimate claims. At Knowles Law Firm, we guide our clients through every step of the legal process, including how to protect their cases from social media pitfalls.

For over 55 years, we have fought for injured clients and secured multi-million dollar settlements. Our experience allows us to anticipate the tactics insurers use to reduce payouts. If you have been injured in an accident, we can help you avoid mistakes that could impact your claim. Call us at (402) 431-9000 or fill out our contact form.