How Social Media Damages Your Personal Injury Claim
Social media has become a normal part of our lives. According to the Pew Research Center, sixty-nine percent of all American adults use Facebook, which makes it the most popular social media networking site. We think nothing of regularly posting a photo or an update to our online audience. However, those posts often depict a happy, idealized life. We don’t typically post photos of ourselves being in the throes of crippling pain, rather we post smiling photos that present us in the best light. And it’s this tendency to sugarcoat reality that could prove detrimental to your personal injury case.
Whether it’s Facebook, Twitter, Instagram, or others, a social media post that shows you happily playing ball with your kids at the park is going to torpedo your claim in which you’re seeking compensation for limited mobility and chronic pain. Even if it were your son’s birthday and the effort you put into being physically present for that special day left you unable to move for two days afterward, context won’t matter. It will be incredibly difficult to overcome the evidence that you provided. One of the easiest ways for insurance companies to avoid paying an injury claim is to use your own social media posts against you to discredit or minimize your injuries.
The best course of action when you’re pursuing a personal injury claim is to stop using social media and to ask your family and friends to not post anything related to you until your case reaches its conclusion.
If you must remain on social media, be aware of the ways you can damage your personal injury case, and make changes as needed:
• Don’t post or comment about anything concerning your accident or your injuries.
• Change your privacy settings, so that nothing is publicly viewable.
• Don’t accept new friends or followers. Insurance investigators have been known to send a friend request in order to gain access.
• Don’t post any new photos or videos that could be viewed as inconsistent with your injuries.
• Don’t post anything in writing that could be viewed as inconsistent with your injuries. If you’re making upbeat posts and comments, you will contradict claims of chronic pain.
• Keep in mind that attorneys could gain access to your social media activity, especially if it is deemed relevant to how your injuries have affected your daily life.
Again, it is in your best interest to avoid social media while you have an ongoing personal injury case. Even a post or photo that you think is harmless could have negative consequences for your claim.
