Can Posting on Social Media Hurt My Personal Injury Case?

Everyone has a different style when it comes to social media. Some people like to update their friends and family every day, while others might only post occasionally about major life events. Either way, you or a loved one might be tempted to post on social media about an injury you suffered. Unfortunately, doing so may hurt your personal injury case. 

That doesn’t mean you have to swear off social networking sites forever, but it does mean you need to think very carefully before making any posts—even those that are seemingly unrelated to your accident. Learn the do’s and don’ts of social media after an injury from Mike Brandner Law.

How Does Social Media Affect My Personal Injury Claim?

Posts made on social media platforms like Facebook, Instagram, Twitter, and YouTube can have a negative impact on an ongoing injury case, resulting in a reduced settlement or even a denied claim. An insurance adjuster or a defendant’s attorney may scour the internet for any discrepancies between what you say in your injury claim and what you say online. And if they find anything that conflicts with your account of events, social media posts could even be used as evidence against you.

Do’s and Don’ts of Social Media After an Injury

The easiest way to avoid issues surrounding your social media accounts and your personal injury claim is to refrain from posting during the claims process. While this might be difficult for people who like to stay connected online, it’s the best method for ensuring your own photos, videos, and posts aren’t used against you. If you aren’t able to stay offline, however, here are a few social media do’s and don’ts that can protect you and your claim.

DO Assume Your Social Media is Public

No matter how stringent your privacy settings are, it’s best practice to assume that anything and everything you post online after an accident or injury is viewable by the public. Friends of mutual friends may be able to see certain posts, including those you’ve been tagged in by family or friends. In addition, your privacy may be compromised if someone takes a screenshot of your post and then shares it publicly. Keep in mind too that “anonymous” online platforms like Reddit or Tumblr may also be traced back to you depending on the kind of information you reveal. 

Not only this, but even if your social media accounts are set to friends only or private, a court may grant the defense’s access to your accounts during the discovery phase of the trial, forcing you to hand over your records.

DON’T Post Pictures Right After an Accident

Although it’s always a good idea to take pictures of an accident scene for evidence purposes, posting photos or videos online after a car accident or other type of personal injury can easily backfire. Let’s say you post a picture of your totaled car. Comments come pouring in asking if you’re hurt, and you reply that you’re fine. Hours later after the adrenaline wears off, you realize something is wrong and seek medical treatment for whiplash and a concussion. 

It’s not uncommon for car accidents to result in these kinds of hidden injuries, but that original post could be seen as contradictory. If an insurance adjuster or opposing legal counsel sees a statement or picture of you looking to be in good health and spirits right after a wreck, they may call the severity of your injuries into question. 

DO Ask Friends and Family to Avoid Mentioning Your Case

Concerned or family and friends will likely contact you after an accident or injury to make sure you’re okay or to offer their support. Some of these communications may be posted conspicuously in places that other people can see, like your timeline or as a comment on one of your posts. It is important that you do not talk about your case with others, especially on social media.

Even a simple response to someone’s question about how your recovery is going could be misconstrued by the insurance company and ultimately jeopardize your settlement. Ask your close friends and family not to share updates about your injury or your personal injury case online until your claim has been resolved. You may also want to ask friends not to tag you, check you into any locations, or upload any photos of you while your case is being negotiated. 

A friend’s video of you doing the latest TikTok dance isn’t a good look if your case claims you’re suffering from a spinal injury.

DON’T Go on a Social Media Rant

Recovering from an injury and filing a personal injury claim can be stressful and frustrating. While it might be tempting to blow off a little steam by ranting online, resist the urge. Even vague posts can be taken out of context and twisted to fit the defense’s narrative. Even if your anger is justified, railing against the person you believe is responsible for your injury can reflect badly on your character. 

Even worse, you may say something you shouldn’t in the heat of the moment. While it’s important to seek emotional support after an injury, make sure you’re seeking it out privately and with the right audience. Furthermore, if you do need to make a statement, it’s recommended to let your attorney make one on your behalf. 

How Mike Brander Injury Attorneys Can Help 

If you’ve been hurt in a motor vehicle accident, slip and fall, or suffered any other kind of injury caused by another person’s negligence, you could be entitled to serious compensation for your medical bills, lost wages, and your pain and suffering. One way to maximize your compensation is to follow these do’s and don’ts of social media. 

Another way to make sure you get the settlement you need? Contact an experienced New Orleans personal injury lawyer. Insurance adjusters’ jobs are to save their employers as much money as possible by denying claims and offering low-ball settlements. At Mike Brandner Law, we’ve helped hundreds of clients just like you get the money they deserved after an accident. 

Find out how our legal team can help you today by requesting your free, no obligation consultation. Call us at one of the numbers below, connect with one of our LiveChat agents standing by, or simply fill out this online form. Your first case review is always free, and we charge no fees until we’ve won your case.