Social media is a near-ubiquitous element of people’s daily lives. With that comes the impulse to share highlights and adventures, as well as mishaps and setbacks. Insurance companies now commonly monitor the social media of personal injury claimants to find evidence that could weaken their claims and negatively impact the case outcome.
The worst outcome would be that your posts contradict your claims. For example, if you make the claim that you are in serious pain but post a picture smiling with your family at a pumpkin patch, they could provide this as evidence against such claims. Even if you were in pain in the photos, attorneys from the insurance companies can, and most likely will, take these photos out of context and use them against you. It is best to have your profile set to private so no one outside your followers can see your posts, but even that is not foolproof. If the opposing side thinks there is important evidence on your profile, they can request your posts be entered as evidence.
Posting in general is discouraged, but we strongly advise against posting about the accident. While the impulse to have time-stamped documentation about the accident is good, putting it out on a public platform can have negative side effects. If one is overly vitriolic, mean, or angry in a post or speaks against another person involved in the accident, that could be twisted against you. Another way these posts can be used against you is if they unintentionally suggest that you were in some way at fault in the crash, leading to a reduction in compensation to you.
Posts by friends and family followed or tagged by you may also be monitored by the insurance company or their lawyers looking to find posts of anything contradictory. Although people may mean well, this can also go for comments they make on your posts which may misconstrue events, adding doubt to the case.
The most recommended strategy to combat these negative outcomes is to take a temporary social media detox. It is not necessary to stop engaging with friends' posts or your daily feed, but even the most innocuous things can be used to weaken your case. The best way to avoid these negative outcomes is not even make the problem in the first place.
Our experienced personal injury lawyers at Douglas, Leonard & Garvey, P.C. have been fighting for people like you since 1997, and we have seen all sorts of social media posts and situations. Through it all, we fight for our client’s best interests, and we see every client as an individual.
If you need a firm that will fight for you, call us at (603) 288-1403 today or schedule your free consultation online.