Factors of Social Media Posts Impacting Personal Injury Cases
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By PAGE Editor
Social media is a powerful tool for staying connected with friends, sharing life updates, and expressing emotions. However, when it comes to personal injury cases, social media can be a double-edged sword. Even a simple post, photo, or comment can be misinterpreted and used against you in court. Insurance companies and defense lawyers often monitor social media to find evidence that can reduce or deny injury claims.
If you are involved in a personal injury case, understanding how social media can affect your claim is crucial. That’s why today, we’re going to cover different factors that illustrate the impact of social media on personal injury cases, along with real-world examples.
Here are the topics we’ll cover today,
Factors of social media posts affecting your personal injury cases
Which is the best law firm for personal injury cases
With that said, let’s go over all of the factors one at a time.
Factors of Social Media Posts Affecting Your Personal Injury Cases
Now, it’s not a surprise that people love social media more than ever today. This is why some of you might be considering that posting on social media while going through a case isn’t a big issue, but it actually is. Just ask Chloe Geraghty, a yoga instructor. She pursued legal action for neck and shoulder injuries sustained in a car accident, but her Instagram post ruined everything.
According to the Sun, her Instagram posts showed her doing advanced yoga poses, which contradicted her claims that she was in constant pain and that it affected her yoga practice.
That’s why understanding all the following factors can help you better understand what not to do on social media when going through such a case.
1. Contradicting Injury Claims
One of the biggest ways social media can harm a personal injury case is by showing activities that contradict your injury claims. If you say you are severely injured but later post photos or videos of yourself engaging in physical activities, the defense can use this as evidence that your injuries aren’t serious.
Example:
John was in a car accident and claimed he suffered severe back pain that limited his movement. However, just a few weeks later, he posted pictures from a hiking trip with friends. Even though he felt fine for a short time and tried to enjoy himself, the defense lawyers used these photos to argue that John’s injuries were not as bad as he claimed. As a result, his settlement was reduced.
Tip:
Avoid posting any activities that might contradict your injury claims, even if you feel okay for a short time.
2. Undermining Emotional Distress
Many personal injury claims include emotional distress, such as anxiety, depression, or trauma. However, if your social media profile shows you smiling, laughing, or enjoying life, the defense may argue that you are not suffering emotionally.
Example:
Sarah was involved in a serious slip-and-fall accident and filed a claim for emotional distress, saying she suffered from depression and anxiety. A few weeks later, she posted pictures of herself at the beach, smiling and having fun. The insurance company used these photos to claim that Sarah was not truly suffering. Even though Sarah still had emotional struggles, the pictures made it difficult for her to prove her case.
Tip:
Be cautious about posting happy moments during your case, as they can be misinterpreted by the defense.
3. Timeline Inconsistencies
When you file a personal injury claim, the timeline of your injuries, treatments, and recovery is crucial. If your social media posts conflict with your claimed timeline, insurance companies may argue that you are exaggerating or lying about your injuries.
Example:
Mike claimed that his car accident left him unable to walk properly for months. However, just a week after the accident, he checked in at a gym on Facebook, saying, "Great workout today!" Even though Mike only went to the gym for light stretching, the defense used his post to argue that he was recovering much faster than he claimed, which led to a lower compensation.
Tip:
Avoid posting anything that might create inconsistencies with your injury timeline.
4. Discussing the Accident Online
Many people want to share their feelings about an accident on social media, especially if they feel angry or frustrated. However, discussing the accident online can backfire. Anything you post can be taken out of context and used against you in court.
Example:
Lisa was involved in a car accident and blamed the other driver in an angry Facebook post, calling them "careless and reckless." The defense attorney used this post to argue that Lisa was just seeking revenge rather than making a fair claim. As a result, her credibility was questioned, and her case was weakened.
Tip:
Never post details about the accident or your legal case online. Let your lawyer handle all communication.
5. Friends’ Posts and Tags
Even if you are careful about what you post, your friends and family might tag you in photos or videos that could hurt your case. Insurance companies and defense lawyers often monitor your social circle’s posts as well.
Example:
David filed a claim for a workplace injury, saying he could not lift heavy objects due to a back injury. While he avoided posting anything, his friend tagged him in a photo at a housewarming party, where he was seen lifting a small box. The insurance company used this photo to argue that David’s injury was not serious, causing him to receive a lower payout.
Tip:
Ask friends and family not to tag you in any posts or photos until your case is settled.
6. Revealing Pre-existing Conditions
If you mention past injuries or health conditions on social media, the defense may argue that your current injuries were not caused by the accident but were pre-existing. This can reduce your compensation.
Example:
Emma was injured in a workplace accident and filed a claim for chronic neck pain. Unfortunately, the defense found an old social media post where Emma mentioned having neck pain years ago. They argued that her current condition was not entirely due to the workplace accident, and as a result, her settlement was significantly reduced.
Tip:
Avoid discussing past injuries or medical conditions on social media, as they can be used against you.
7. Privacy Settings Aren’t Foolproof
Many people believe that setting their social media profiles private will protect them from scrutiny. However, courts can subpoena private posts, and insurance companies may still find ways to access them.
Example:
Tom was receiving workers' compensation for a leg injury. He thought his private Instagram posts were safe, but the insurance company obtained a court order to access them. A private photo of Tom at a bar, simply sitting with friends, was used to argue that he was exaggerating his pain. As a result, his benefits were denied.
Tip:
Assume that nothing is truly private online. The safest option is to stay off social media during your case.
Which Is the Best Law Firm for Personal Injury Cases
When you’re dealing with a personal injury case, choosing the right law firm can make a big difference in the outcome. You need a legal team that understands the challenges of your case and will fight to get you the compensation you deserve. That’s why Scheuerman Law is the best choice for handling personal injury cases.
Scheuerman Law has years of experience in personal injury law, helping clients win fair settlements for medical bills, lost wages, and emotional distress. They know exactly how insurance companies work and how to counter their tactics. More importantly, they understand how social media can impact your case and will guide you on what to avoid posting online.
Here’s why Scheuerman Law stands out:
Experienced in Personal Injury Cases: They specialize in car accidents, workplace injuries, slips and falls, and more.
Protects You from Social Media Mistakes: Their lawyers will advise you on what to avoid posting online so you don’t weaken your case.
Fights for Maximum Compensation: They don’t settle for less and will work hard to get you the best possible outcome.
Personalized Legal Support: They take the time to understand your situation and guide you through the legal process.
If you’re involved in a personal injury case, don’t take any risks. Scheuerman Law is here to help you every step of the way. They’ll fight for your rights, handle the legal work, and make sure your social media doesn’t hurt your case. So, contact Scheuerman Law today at 443-888-2062 for a free consultation!
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