In today’s digital age, it’s common for people to share the details of their lives on social media platforms, such as Facebook, Instagram, X (formally Twitter), and TikTok.
Insurance adjusters and defense attorneys are mindful of this, which creates real dangers when it comes to posting about yourself if you are injured in a car accident, slip-and-fall, dog attack, or any other personal injury matter. In this article, we’ll explore why it’s essential to refrain from posting on social media after a car accident or other personal injury case.
- Never Post About the Incident
Never post about the facts of your injury claim, regardless of whether it involves an accident, slip-and-fall, dog attack, burn injury, etc. Do not talk about location, date, time, witnesses, weather, property damage, or how the incident happened.
Anything you post can and will be used to attack your version of events if you undergo a deposition later on.
- Attack on Credibility
One primary reason for avoiding posting about your personal activities on social media is that anything you post online can and will be used against you in your personal injury case. For example, if you claim to have suffered a serious injury but then post photos of yourself engaging in physical activities, it will undermine your case.
In a recent conversation with a colleague, I was told a story about his client’s deposition and recent events. My colleague’s case involves a simple car accident in which his client injured his neck (whiplash) and back. During the deposition of my colleague’s client, the defense attorney showed him photographs of him skiing at a local ski resort. My colleague was upset about the fact that these photographs, which were posted on social media, will now be used to attack his client’s injury claims.
It is crucial to note that all social media posts involving you, even those posted by others, will be found and used to attack your case. A few months ago, I read an article involving another social media post that undermined someone’s injury claim.
The article indicated that the Plaintiff had been complaining of ongoing neck and back pain following a car accident. A lawsuit had been filed and Plaintiff’s (the injured party) deposition had taken place. In the middle of the deposition, the defense attorney showed the Plaintiff a video of her riding a rollercoaster at an amusement park in Santa Clarita.
The attorney who represented this individual was unaware of the posted video because (1) he was never told of the video by his client, and (2) the video was not posted by his client. The video was posted on the client’s husband’s social media account.
So, nothing should be posted about you by anyone!
- Misinterpretation of Posts
Social media posts can easily be misinterpreted or taken out of context. The opposing party will use what may seem like an innocent comment or photo to attack the events related to the accident, discredit your claims, or suggest that your injuries are not as severe as you’ve stated.
- There is No True Privacy
Sharing details of your personal injury incident (e.g., accident, slip-and-fall, dog bite, burn injury), your injuries, and daily activities on social media can also compromise your privacy.
Insurance companies and defense attorneys often monitor social media activity to gather information that they can use to dispute or devalue a claim. Even if you have strict privacy settings, a savvy insurance adjuster or defense attorney will find a way to view your posts or posts about you.
By posting about your personal injury case, your injuries, or your daily activities, you can inadvertently provide them with ammunition to argue against your settlement demands.
- Consultation with Legal Counsel
Here at The Mason Law Firm, we advise our clients to refrain from social media posts for at least six months. Depending on the severity of their injury and the status of their case, we may advise a longer period of time.
If you truly need to post something about your daily activities on social media, it’s crucial to consult with your accident attorney or personal injury attorney. Your lawyer can provide guidance on what information is safe to share and what should be kept confidential to protect your interests.
In conclusion, posting about your personal injury case on social media is generally ill-advised. To safeguard your privacy, preserve evidence, and avoid legal complications, it’s best to refrain from discussing your case, your injuries, and your daily activities online and to consult with your attorney if you have any questions or concerns. Remember, what you post on social media can have far-reaching consequences, so it’s essential to proceed with caution.