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Social media is a dominant force in today’s culture, and most Americans use at least one platform. Some of these sites are even seen as addictive, with several named in recent social media personal injury cases. However, the biggest legal threat posed by these platforms does not come from their algorithms. It comes from what injury victims post on them.
At Kanner & Pintaluga, our dedicated legal team sometimes hears the question, “Can Facebook hurt my injury claim?” This is why we’re upfront with every client that social platforms could potentially derail their entire case. Actions like immediately posting after a car accident or sharing an image of yourself having fun during a trial can come back to bite you.
Fortunately, these mistakes are easy to avoid.
How Insurers and Defense Lawyers Use Social Media
Insurance companies and defense lawyers have one goal: minimizing the financial compensation that injury victims receive. They do this in many ways, but recently, reviewing a claimant’s social media profiles has become one of the most powerful tools in their arsenal. Put simply, they’re looking for any evidence that could contradict the injuries or limitations described in a claim.
If they find any social media lawsuit evidence that casts doubt on a claim, they can use it to minimize or even eliminate financial compensation. They will review posts, photographs, comments, videos, and any other content they’re able to access. In most cases, they’re looking for any of the following:
- Photos and videos of physical activities that appear inconsistent with reported injuries
- Check-ins or location tags that suggest a different timeline of events
- Comments about the accident that conflict with official statements
- Posts that suggest the victim’s injuries may be less serious than claimed
Many people think that making their profiles private can avoid such issues. However, a defense attorney or an insurance company’s Facebook investigation goes beyond the surface. They’ll delve into other social media platforms you might use. They’ll review other people’s posts where you show up in tags. They even investigate the profiles of friends and loved ones.
Put simply, social media and insurance claims do not mix well. Understandably, you want to share your life, but defense attorneys and insurers are looking for any cracks in your claim. You must take steps to ensure they find none.
Types of Posts That Can Damage Your Injury Claim
You do not want your claim to turn into a social media personal injury case. If possible, keeping your entire social presence out of the case is preferable. To achieve this, it’s important to know what not to post after accidents that lead to serious injuries. You do not have to stop posting to Facebook, TikTok, and other platforms completely. You just need to be more deliberate in how you do so. Avoid the mistakes listed below.
Photos and Videos
Images and videos are among the most common types of content used against accident victims in personal injury cases. Content showing physical activities — even if taken only briefly or before worsening symptoms — can be used against you. Avoid anything that shows you:
- Exercising or playing sports
- Traveling or attending events
- Performing physical tasks like lifting or yard work
Comments About the Accident
Statements about the accident could create inconsistencies if they differ at all from official reports or testimony. Even casual “I’m okay” remarks can raise questions about your injury’s seriousness. Avoid any discussion of your accident and personal injury claim.
Posts Conveying Emotion or Frustration
Understandably, you may be stressed and angry at insurance companies and defendants. However, it’s best to let your personal injury attorney handle these parties. Even discussing legal strategies in an emotional post could end up hurting your claim.
Check-ins and Activity Updates
Location tags, event check-ins, and updates about activities can contradict testimony and documentation describing physical limitations or recovery. Ask yourself if you would be doing something if the judge or insurance company in your case were watching. If the answer is no, then you shouldn’t post about it on social media.
Any of these social media actions can damage your case. However, many personal injury victims believe they just need to be more careful about who can see their posts. Unfortunately, this belief has resulted in many people losing significant compensation due to social media sleuths at defense law firms and insurance companies.
Why Privacy Settings Don’t Fully Protect You
Knowing what to do after a car accident can make or break your case. One of the most important steps you can take is to become more private on social media. However, remember that improved privacy settings do not equal more privacy. The assumption that setting your profile to private completely hides content can become extremely costly.
The effects of social media in a personal injury case can show up in ways you might not expect. For instance, your friends or followers could share a post on their own profile. Even if a platform’s settings still prevent non-friends from seeing these, you can’t really stop someone from taking a screenshot of your activity and posting it elsewhere.
This is a particular issue since an increasing number of people have strangers on their friend lists. Still, even limiting your social media footprint to friends-only can’t guarantee privacy. For instance, your interactions on public posts and pages are available for anyone to see. Insurance companies often hire investigators to scrutinize every public interaction of a claimant.
Unfortunately, all this ignores the biggest risk: legal discovery. Even if you manage to keep everything about your social media presence private, courts can require individuals to produce social media content relevant to their case. Because of this, focusing on privacy simply isn’t enough. You must use smart social media habits during your case.
Smart Social Media Habits During a Personal Injury Case
If you’re involved in an ongoing injury claim, limiting your online activity is ideal. This simple step could prevent misunderstandings and disputes. Of course, many people find it difficult to completely forego social media. If you must post, comment, or otherwise engage, use the following social media tips for injury cases:
- Avoid discussing the accident or your injuries: Details regarding the incident should generally only be discussed with your attorney.
- Do not share photos or updates about physical activities: Even routine or minor activities could be misinterpreted and used against you.
- Ask friends and family not to tag you in posts or photos: As a reminder, insurance investigators and defense attorneys will review the posts of friends and family.
- Review old posts: Go through your profiles to see what may already be public. If possible, change your privacy settings to make all former posts private.
- Consider a break: The best way to avoid social media mistakes truly is to avoid social media.
In a perfect world, only the facts of your case would warrant consideration in your claim. Unfortunately, insurance companies and defense attorneys will use any strategy that could minimize financial recovery. This includes essentially turning your claim into a social media personal injury case. Do not make this mistake.
The legal professionals at Kanner & Pintaluga can review your case and help you decide how to move forward. Of course, we can also offer guidance if you’ve already posted about your accident on social media.
What If I Already Posted About My Accident?
If you’ve already posted about your accident on social media, the most important thing is not to panic. In the digital world we live in, it’s not uncommon for people to discuss major events in their lives. Some people have even livestreamed from accident scenes. If you’ve posted content related to your case, you may be tempted to go back and delete it.
Avoid doing this. Removing content could be seen as an attempt to hide evidence. This does not mean you have to leave potentially damaging posts and comments up. However, you should discuss the issue with your personal injury attorney before doing anything. This can ensure you stay on the right side of the law.
There are many issues to consider before deleting anything. For instance, information posted prior to an accident is likely irrelevant and can be deleted. The same is typically true for vacation photos, posts about hobbies, or general status updates unrelated to the case. The defense may try to frame such posts in a negative light, but deleting them is usually fine since they have nothing to do with your case.
Still, it’s always advisable to speak with an attorney first.
Protect Your Case by Talking to an Attorney
A skilled personal injury attorney can provide insight on how to stop your claim from becoming a social media personal injury case. The outcome of your claim should rely entirely on the facts, rather than on insurers scrutinizing your personal activities online.
More importantly, a dedicated legal team can help ensure your case is handled properly. From gathering evidence to avoiding common mistakes that weaken cases, having a legal professional on your side can be invaluable.
At Kanner & Pintaluga, our experienced team is here to help. We handle the hard work so you can focus on recovery. Contact us today at (800) 586-5555. We’re here to fight on your behalf.