After you’ve suffered injuries in an accident, you probably want to talk about the situation on social media – especially if you’re frustrated. For you, social media is just an outlet for your feelings. For your opponent and their insurer, however, your social media posts can be a goldmine of information and evidence that can be used against you.
If you think that you’re “small potatoes” and nobody is likely to comb through your social media posts, think again. One study that looked at the use of social media in just the U.S. The Ninth Circuit Court of Appeals showed a 350% increase between 2010 and 2017. Everybody is looking at everybody else’s social media these days – and what you post absolutely could come back to haunt you. It could even kill your personal injury claim. Here’s how:
1. Your posts may contradict your injury claims
One of the most common ways social media hurts a personal injury case is when a post appears inconsistent with the injuries someone claims. For example, photographs showing you attending a party, exercising or participating in a physical hobby could be used to argue that your injuries are not as severe as you say.
Even if a picture captures only a brief moment and an artificial smile – and does not reflect the pain you experienced before or afterward – the insurance company may still attempt to use it to challenge your credibility.
2 Your emotional state can be called into question
Emotional distress can be a significant part of a personal injury claim. Post-traumatic stress disorder isn’t uncommon after a traumatic accident, nor is anxiety when someone is put back into similar situations. For example, some people have panic attacks when they have to drive on a highway after having been in a wreck.
If your social media posts indicate that you’re doing great and generally seem happy and optimistic, they may be used to dispute any claims that you’re suffering from emotional harm.
3. You may contradict what you previously said about the accident
The details of an accident matter more than most people realize. Insurers may scrutinize every statement you make online about the accident to see if you’re giving different versions of the events in different places.
If they find any details that seem to contradict what you said before, they may challenge your credibility and try to shift liability away from their clients.
The safest approach is often to significantly limit social media activity while your personal injury claim is pending. Before posting anything online, ask yourself whether you would be comfortable seeing that post displayed in a courtroom. If you wouldn’t, don’t post it.
