Can Social Media Affect a Personal Injury Case?

2/20/2020 By Andrea Gold Read in 3 minutes

Social media can be detrimental to a personal injury case. Find out what you can and should not do on social media during a car accident case.

Social media can be detrimental to a personal injury case. The attorney and insurance company from the opposing side will look for social media posts that question what you’re saying about your injuries. Find out how to protect yourself.

You were in a slip and fall accident three months ago. You’re seeing a doctor for your injuries, and you hired a personal injury attorney. Your attorney advises you not to post anything about your accident or condition on social media. 

You post about things that are going on in your life every day. You will need to be careful about what you say and post on social media now, which will be difficult. It’s essential not to talk about your case or give any updates about your condition. A simple social media post can be taken out of context and, in some cases, ruin a lawsuit. 

Is Social Media Admissible in Court?

 Social media content can be used as evidence in a court of law. You may think if you have your settings set to private, these posts won’t be admissible in court. Not the case. It's possible to be issued a court order for your social media login information so that your social media after the accident can be reviewed. This information becomes evidence. 

What You Shouldn’t Do on Social Media During a Personal Injury Lawsuit

  • Don’t Discuss Your Case Online-social media is where many people go to discuss things that are happening in their lives. If you were in an accident one of your first thoughts may be to post the details of the accident. It would be best if you never did this, however. Anything you write and share on social media can be used against your personal injury case.
  • Don’t Post Updates about Your Condition-you shouldn’t be discussing your condition after an accident online, and you definitely shouldn’t be giving updates. The less information posted about your accident online the better.
  • Tagged in a Photo-you have to be careful about what you’re posting on social media, and you should also let your friends know they shouldn’t be posting photos of you or tagging you in pictures, either.

Social Media Sites that Pose the Biggest Threat to Personal Injury Cases

  • Facebook-defense attorneys and insurance companies know that many people post things about their life on Facebook. This is one of the first places they check to see if what you’re saying about your injuries coincides with how you’re living your life. They look for details you may have posted about your accident and condition.
  • Instagram-attorneys, look at Instagram to see if you’re posting photos working out, enjoying activities, and being more active than you say you’re able to.
  • Twitter-many people, share updates and thoughts on Twitter. For some, it’s mindless and similar to writing in a diary, which is why it can be dangerous to a personal injury case. If you’re on Twitter, you should never mention your condition, lawsuit, or any settlement you think you may be getting.

Evidence is the key to any lawsuit. Photos and thoughts you post on any social media site can be used against you. Don’t give the insurance company or defense attorney this opportunity.

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