Social media has transformed the way we share information. Whether that information is a rant about politics or posting a photo update of what you had for lunch, we are creating a society where everyone gets to share any thought injury claim or facet of their life to potentially thousands of people.
Unfortunately, sharing information about your ongoing personal injury claim could have a negative impact on the outcome of that claim. Yes, your friends and followers can see your posts, but so can the insurance company investigators, and that can be a problem.
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What Are Common Mistakes That Affect Your Claim?
Some people have become online influencers, while others sell a variety of products.
Bottom line: There’s a lot going on across Facebook, Instagram, TikTok, and X. In your quest to share what is going on in your life, you are unintentionally damaging your personal injury claim.
Here are the social media mistakes that can affect your injury claim:
Posting Physical Activity Photos and Videos
Part of your personal injury claim will undoubtedly include damages for pain and suffering. That directly relates to how the injury has impacted your life. If you post photos and videos of yourself biking, swimming with kids, or engaging in any other physical activity, it could be perceived as you “faking” how much you’re actually suffering from the accident.
Using Check-Ins and Location Tags
When you post, you have the option to use check-ins or location tags to share your current location at any given moment. Not every injury keeps you confined to home.
However, if you’ve claimed to have new mobility challenges because of the accident, then “checking in” at a restaurant, vacation, or some other unique spot could demonstrate that you’re not having any problems getting around.
Sharing Details About the Accident
Being involved in an accident can be a life-altering experience. That is something you might be compelled to share about.
You might want to describe what happened and share your thoughts about being grateful to “be alive.” While it is essential to keep your friends and family informed about your condition and what happened, sharing the accident story could be misconstrued as an admission of partial fault.
Making Updates About the Legal Proceedings
Making any statement about the progression of your case online can be a big problem. If you make statements about what your lawyer has told you about a potential settlement, it could undermine your credibility.
Your Friends and Family Post
What happens if you take precautions, but your friends and family share posts about your updates or activities? That can also be used against you in your civil lawsuit.
How Can My Social Media Posts Be Used as Evidence?
Courts across the country have ruled that any public social media content can be used as admissible evidence. Insurance company investigators will pore over your social media posts in an effort to refute your testimony. If you claim you’re in constant pain, then a photo of you dancing at a wedding would contradict your sworn statements.
The same thing can happen if you’ve testified that you’re depressed and suffering from anxiety; your upbeat posts can weaken your claims about mental anguish. Suppose you share a previous post from your car while you were driving.
That can demonstrate that you’re driving distracted.
How Can You Fortify Your Personal Injury Case?
In order to prevail in your personal injury case, you want to do everything you can to fortify your claim and remove any doubt. First, you should set your accounts to private. Even with your social media going private, you should avoid posting about anything, no matter how innocent you might think it might be.
You should also ask your friends and family not to tag you in any posts. However well-meaning that might be, it can impact your case. You should also avoid deleting old posts that you think might be harmful. Evidence of deleted posts could be used as evidence that you were trying to cover up something or destroy evidence.
If you have questions about your social media history, consult with a personal injury law firm like Curcio Law.
They’ll be in the best position to provide you with the information you need to move forward with your claim and avoid getting into trouble with your social media posts.
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