In today’s digital age, social media has become a ubiquitous part of our daily lives. However, when it comes to personal injury claims in California, what you post online can have significant implications. Understanding how social media can impact your case is crucial for anyone navigating this legal terrain. Here’s how it can affect you and what you should and should not put online during your claim.
How Social Media Can Be Used in Personal Injury Cases
Social media has become a crucial element in the landscape of personal injury cases, often playing a significant role in the outcome of these claims. Here’s how your posts can be used in personal injury cases:
- Evidence Gathering: Social media posts can serve as a rich source of evidence. Defense attorneys and insurance companies often scour digital profiles for posts, photos, or videos that can contradict a plaintiff’s claims of injury or suffering. For instance, a claimant might assert severe back pain, but a picture of them hiking or lifting heavy objects can undermine their credibility.
- Assessing the Claimant’s Lifestyle: Posts depicting physical activities, travel, or other strenuous actions can be used to argue against the severity of the reported injuries. Even posts that show the claimant engaging in social activities or vacations might be interpreted as evidence of a healthy, pain-free lifestyle.
- Timeline Conflicts: Social media can provide a timeline of the claimant’s activities. If these activities conflict with the alleged time of injury or recovery period, it can cast doubt on the legitimacy of the claim. For instance, a post showing the claimant participating in a sport soon after the date of the alleged injury could be used to question the truthfulness of their claim.
- Emotional and Mental Health Implications: Posts that reflect a positive mood or emotional state can be used to counter claims of emotional distress or mental anguish. Photos or updates showing the claimant enjoying life might be presented as evidence that the injury has not significantly impacted their emotional well-being.
- Inconsistencies in Statements: Comments or messages online might reveal inconsistencies in the claimant’s story. For example, a casual remark about the car accident or injury might contradict statements made during legal proceedings.
- Pre-Accident Health Status: Online posts can provide insights into the claimant’s physical condition before the accident. This information can be crucial in cases where pre-existing conditions are relevant.
- Public Perception and Character Assessment: Posts and interactions on social media can also be used to assess the claimant’s character, which might indirectly influence the perception of their credibility in the courtroom.
Given these potential uses of social media in personal injury cases, it’s in your best interest to be extremely cautious about your digital presence and activities while your lawsuit is ongoing.
Guidelines for Social Media Use During a Personal Injury Claim
If you do choose to keep posting online after getting injured, there are some important considerations to keep your online presence from affecting your claim. Remember, even innocent posts can be taken out of context and used against you in your claim. Photos, check-ins, or comments might be construed as evidence that contradicts your injury claims. Let’s look at what you should and shouldn’t do online during your claim:
What You Should Avoid Posting
Everything you post online is considered public information, so it can be used in your case. As such, you should avoid posting about the following:
- Physical Activity: Avoid posting photos or videos that show you engaging in physical activities that might contradict the severity of your injuries. For example, it’s probably a bad idea to post about things like putting up holiday lights, riding jet skis, or going on long hikes, even if those aren’t activities your injury prevents.
- Location Check-Ins: Refrain from checking in at locations that could contradict your claim, such as gyms, hiking trails, or amusement parks, even if you are only there to visit someone else and aren’t engaging in strenuous activities.
- Mental Health Statements: Be cautious about sharing posts that suggest emotional well-being that might conflict with claims of emotional distress since these could harm your argument for damages.
- Case Details: Do not discuss any aspects of your case, legal strategy, communications with your lawyer, or settlement details.
- New Purchases or Travel: Posting about recent purchases, vacations, or travels can be misconstrued as evidence of financial stability or physical capability that could undermine your claim.
In addition, it’s smart to be cautious with new connections and friend requests, as insurance investigators may use fake profiles to access your information.
What You Can Do
While posting online like normal may not be the best idea, there are things you can do to make your digital presence less of a problem for your claim, such as:
- Update Privacy Settings: Increase your privacy settings to limit who can see your posts and prevent others from tagging you.
- Review Historical Posts: Consider reviewing and removing past posts that might be problematic. Remember, posts from before your injury can still be relevant to your claim.
- Make Factual Posts: If it’s necessary to post, ensure that your content is factual and does not contradict your claims in any way.
- Educate Friends and Family: Inform close contacts about your case and request them to refrain from posting about you or tagging you in their posts.
- Consult Your Lawyer: Always consult with your personal injury lawyer before posting anything that could be related to your case. If in doubt, don’t post until you hear back from your lawyer.
Strengthen Your Personal Injury Case With Experienced Legal Counsel
While social media is a powerful tool for staying connected, it can be a double-edged sword in personal injury claims. The content you share online can inadvertently harm your case, so it’s essential to be mindful of your digital footprint.
When in doubt, consult with your personal injury lawyer to navigate the complexities of online interactions during your claim. Get in touch with the Law Offices of Michael Oran, APC, to learn how we can help you strengthen your case and avoid the pitfalls of social media for your personal injury claim.
