Can Social Media Use Harm Your Personal Injury Claim?

April 3rd, 2018

If you have recently sustained a personal injury and have filed a claim with a personal injury lawyer or through your insurance company, it’s important to stay away from your social media account(s). Your Facebook, Instagram, or Twitter accounts can be potentially dangerous for your claim if you happen to share too much. The defendant’s insurer will be on the lookout for recent posts that can be used as evidence against you in potential litigation claims and settlement negotiations.

Posting Pictures of Your Physical Activities

Obviously you want to share the photo you took from a Friday night out with friends or from the vacation you just took, however, you should refrain from doing so if you are in the process of pursuing a personal injury claim. Usually during the process of a personal injury claim, especially one that is hotly contested, the defendant’s insurer will most likely use your social media photos to lower liability on behalf of their client and ultimately make your settlement payment less. For example, if you get into an accident and allege that the accident caused severe back injuries but you post a picture of you doing a full gym regiment with heavy equipment, the defendant’s insurer will use that as evidence to diminish liability on behalf of their client.

Think Before You Post

The safest option for you and your personal injury claim is to fully shut down your social media accounts. However, if you cannot shut down or temporarily deactivate your account, you should avoid posting certain subject matter. This subject matter includes:

  1. Confidential conversations between you and your attorney. Even though it is your right to share the information of your case, the insurance company might take advantage of this information and use it to lower your ultimate settlement amount.
  2. Information regarding your injuries or treatment. It’s never a good idea share the status of you injuries or treatment because the insurance company can try to get information from your healthcare providers, that you do not want them to obtain. Additionally, you the insurance company may try to argue that your Facebook posts contradict the injuries you reported in your personal injury claim.
  3. Problems you are having during your claim. If you post about rental car problems, or treatment issues, the insurance company can use this to show that you are delaying treatment or extending a rental more days than you should.
  4. Conversations you had with others about your case. This may not seem like a big deal, but others can construe your words to have a different meaning than you intended.
  5. Specific information regarding fault or the facts of the accident. If the insurance company gets this information and it is contradictory to the facts that they have on file, this can severely harm you case.

Contact Us Today

Our team here at the Bottaro Law Firm wants to help get you the best results possible. Remember delay can harm your case. We are available 24/7 for a free and confidential consultation. Call or text us at 401-777-7777 or fill out our online form.