In the modern digital era, social media is deeply woven into our daily lives. People frequently share everything from routine activities to major life events.
However, in personal injury cases, what individuals post on platforms like Facebook, Instagram, or X (formerly Twitter) can have unintended and damaging consequences. Below is an in-depth look at how social media activity can negatively affect a personal injury claim.
- Social Media Posts Can Contradict An Injury Claim
One of the most significant risks of social media after a car accident or a slip and fall is that the post may potentially contradict an injured person’s injury claims.
If someone injures his or her neck in a car accident (whiplash), but then posts photographs of him or her gardening or rollerblading in the park, anyone seeing those photos will highly question whether the person is injured, or in the least, the extent of those injuries.
- Social Media Posts Can Be Used as Evidence
Anything you share online becomes part of the public domain. You can NEVER truly be safe from your posts being discovered because posts get shared by others (friends and family). So, even if you place the highest private setting on your social media site, your posts will find their way into the public sector.
Once in the public sector, social media posts can be used as evidence to impeach the credibility of any witness, especially anyone making a claim for personal injuries.
- Impact on Settlement Negotiations
Social media activity can and will directly affect settlement discussions, and not in a good way!
We have indeed come across this issue more than once. In one instance, prior to contacting our firm, the adjuster had denied an injury claim of a young boy because she had discovered photographs of the young boy riding a horse in a rodeo!
In another case, a client who had injured her back in an auto accident was filmed, by her husband, riding a roller coaster! The defense used the evidence at mediation to attack our client’s claim. We were not aware of this evidence because it was posted on our client’s husband’s Facebook page, not on hers.
Best Practices for Anyone Injured In A Car Accident or Slip and Fall
You must minimize your risks when making an injury claim. This means “staying off of social media”! How long should you stay off of social media? Well, that depends on your case and the severity of your injuries. The best practice is to avoid social media posts as long as you are treating your injuries.
Here is a better guideline to follow:
a. Limit Social Media Activity – Avoid posting until the case is concluded.
b. Review Privacy Settings – Strengthen privacy settings, though this does not guarantee protection.
c. Refrain from Discussing any Detail – If you truly cannot avoid posting on social media, then never share any details about the incident (i.e. accident or slip and fall), your injuries, or any legal proceedings online.
d. Monitor Tags and Mentions – Be cautious about friends or family tagging you in posts that could misrepresent your condition.
e. Seek Legal Guidance – Consult with an attorney before sharing anything that could impact the case.
Conclusion
Social media can have a significant and often negative impact on personal injury claims. Plaintiffs must be aware of the risks and take necessary precautions to protect their case. By understanding these potential pitfalls and exercising caution, individuals can prevent social media activity from jeopardizing their chances of receiving fair compensation.
If you have any questions or need further clarification, feel free to ask! Here, at The Mason Law Firm, we have over 27 years of experience handling car accidents, truck accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, bus accidents, and construction site accidents; as well as slip and fall accidents. We guide you through the process, ensuring you receive the necessary medical care and legal support.
We assist with:
a. Treatment on a lien basis: We can refer you to trusted healthcare providers who will treat you and get paid once your case is resolved.
b. Using your health insurance: If liability is unclear or the at-fault party has insufficient coverage, using your health insurance may be a viable option.
c. A combination of both options, depending on your specific situation.
We handle cases throughout California, including Los Angeles County, Santa Clarita Valley, San Fernando Valley, Ventura County, Orange County, and Kern County.
We work on a contingency basis, meaning you pay nothing upfront, and we only get paid when you receive a settlement or verdict.
If you’ve been in an accident, don’t wait. Seek medical treatment immediately and contact The Mason Law Firm to protect your rights.
You can reach us at (661) 476-5678 or by clicking here to go to our contact page.