Social media has become a staple of daily life. It’s where we share our triumphs, express our frustrations, and document our everyday moments. While these platforms are fantastic for staying in touch and sharing life’s highlights, they can also have serious implications, especially if you’re amid a personal injury claim.
When life takes an unexpected turn and you find yourself entangled in a personal injury claim, your routine social media habits could play a bigger role than you anticipate. A single photo or comment can be taken out of context and used to question the validity of your injury claim and alter the outcome.
At Savage, Royall & Sheheen, LLP, we understand how social media can influence personal injury claims. Through our experience, we’ve seen firsthand how a single post or photo can impact the perception and reality of a legal case. If you’ve been injured and are pursuing compensation, understanding the role of social media can be crucial to the success of your case.
To help you understand social media and personal injury claims, we’ll cover:
- The role of social media in modern life
- How social media can influence your personal injury case
- Social media mistakes that can affect personal injury claims
- Dos and don’ts of social media use during a personal injury claim
- How attorneys navigate social media and personal injury claims
The Role of Social Media in Modern Life
Social media has woven itself into the very fabric of modern society, transforming how we interact, communicate, and even think. Social media platforms are not just tools for staying connected with friends and family; they have evolved into crucial components of our daily lives.
These platforms are used for personal expression and connection, but they also serve as a public record of our lives. Each post, like, and comment becomes a digital footprint, traceable and potentially permanent. Social media can shape public opinions, influence behavior, and even affect mental health. It can create pressures to present a curated version of life that may not always reflect reality. This pervasive digital presence can have significant implications during personal injury claims.
During personal injury claims, social media can serve as a double-edged sword. While providing a platform to share one’s story or gather support, it can also become a source of evidence that might undermine a legal claim. The permanence and public nature of the content shared can have lasting implications, where a simple post can be scrutinized and potentially used in court.
How Social Media Can Influence Your Personal Injury Case
When dealing with a personal injury case, social media’s influence cannot be underestimated.
Your social media activity can impact your case in several key ways. Let’s go through these, one by one.
1. Evidence-Gathering
Insurance adjusters and defense attorneys routinely search social media profiles for evidence that can undermine a plaintiff’s claims. If your online activity contradicts your statements in court or to an insurance company, it can weaken your position.
2. Credibility and Character Assessments
Your social media content can also impact how a jury or an insurance adjuster perceives you. Posts that suggest irresponsible behavior or indicate a disregard for safety can negatively affect your character assessment. Even posts unrelated to the injury, such as those involving alcohol consumption or reckless behavior, can be used to question your credibility and reliability.
3. Interpretation and Misinterpretation
Posts, comments, and even tagged photos can be interpreted in many ways. For example, a casual comment made about the accident or your injuries might be taken out of context to suggest that you are admitting fault or that your injuries are not as severe as stated.
4. Impact on Settlement Negotiations
Insurers may use evidence gathered from social media to justify lower settlement offers. They may argue that your social media activity demonstrates a quicker recovery or less severe impact than initially claimed. This tactic can complicate settlement negotiations and may result in prolonged legal battles or reduced compensation.
Social Media Mistakes That Can Affect Personal Injury Claims
Social media mistakes have cost many personal injury claimants their credibility, resulting in reduced settlements or outright dismissal of their cases. Let’s take a look at some of the social media mistakes that can significantly impact a personal injury claim.
First, over-sharing physical activities can hinder your personal injury claim. For example, if a plaintiff claiming severe leg injuries posted pictures of themselves hiking and biking on social media. If these posts are discovered by the defense team, they can be used to challenge the plaintiff’s claims of limited mobility, leading to a substantial reduction in the settlement offer.
In other situations, social media mistakes can lead to premature discussions of settlements.
For example, imagine that a claimant discussed details of a pending settlement offer, such as the amount and their intentions for the money, on their Facebook page. This breach of confidentiality led to the settlement offer being withdrawn, as it was contingent upon privacy and non-disclosure agreements.
Comments about the accident or recovery posted on social media can also harm a claim. For instance, if a claimant discussed their accident on social media and provided more detail than they shared with their doctor or attorney (including remarks about feeling “much better” and hoping to return to work soon). An insurance company could use these comments to argue that the claimant’s injuries are less severe than reported, thereby undermining the claim for ongoing medical expenses and lost wages.
Finally, inadvertently admitting fault on social media may affect your claim. Imagine a claimant who was involved in a car accident posted on Facebook shortly after the incident, stating, “I can’t believe I didn’t see the red light!” This post could be discovered by the opposing legal team and used as an admission of fault. This admission could severely undermine the claimant’s case, especially if it was initially positioned to argue for a larger compensation due to the negligence of the other driver.
Dos and Don’ts of Social Media Use During a Personal Injury Claim
When you’re approaching a personal injury claim, it’s important to know the Dos and Don’ts to protect your claim.
Dos
Do set privacy settings to maximum. Change your privacy settings on all your social media accounts to limit who can see your posts, photos, and interactions. This helps minimize the risk of insurance companies or opposing legal teams accessing your personal information.
Do be mindful of your posts. Think twice before sharing anything online. Even seemingly harmless posts can be misinterpreted and used against you. Always consider how a post might be perceived in the context of your injury claim.
Do inform your attorney. Keep your lawyer informed about your social media activity and any posts related to your accident, injuries, or recovery. Your attorney can guide you on what is appropriate to share and what to avoid.
Don’ts
Don’t discuss your case on social media. Refrain from posting any details about your accident, injuries, or legal proceedings. Sharing such information online can give the opposing side ammunition to use against you.
Don’t accept all new friend requests. Be cautious about accepting friend requests from people you do not know. Insurance adjusters and opposing counsel may create fake profiles to gain access to your private information.
Don’t post contradictory evidence. Refrain from posting photos, videos, or comments that could suggest your injuries are not as severe as claimed.
Don’t overshare on social media. Resist the temptation to provide updates or commentary about your daily life, particularly activities that could contradict your injury claims or suggest a different level of physical capability.
How Attorneys Navigate Social Media and Personal Injury Claims
In personal injury cases, attorneys leverage social media as a resource to support their cases.
They analyze online profiles to identify posts, photos, and interactions that may serve as evidence. Social media content can not only be used to disprove claims but also to affirm the severity of a client’s injuries and authenticate their experiences.
For instance, lawyers might use social media to demonstrate the long-term impact of an injury through posts showing ongoing medical treatments or rehabilitation activities. This helps paint a clearer picture of the claimant’s hardships and recovery process, which can be persuasive in court or settlement discussions.
Furthermore, social media can reveal interactions that suggest emotional distress or changes in lifestyle post-accident, providing a deeper insight into the non-physical repercussions of an injury. By presenting a well-rounded view of how an accident has affected a client, attorneys can argue more effectively for comprehensive compensation.
Contact Our Camden Personal Injury Lawyers Today
Dealing with social media and personal injury claims requires a nuanced understanding of how social media can impact your case. At Savage, Royall & Sheheen, LLP, our experienced Camden personal injury lawyers are here to guide you through this process, ensuring your rights are protected.
We pride ourselves on our deep roots and extensive history in South Carolina. For over 97 years, our firm has been a cornerstone of the community, serving individual clients, businesses, and local governments with dedication and expertise.
Don’t let social media mistakes jeopardize your personal injury claim. Contact our Camden personal injury lawyers today at 803-432-4391 to request a consultation—we can discuss the specifics of your situation and outline the best course of action.