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Can Social Media Derail Your Personal Injury Case?

Lewis & Tompkins, P.C. Team

Social media has revolutionized the way we live our lives. It’s a great way to stay connected with friends and family around the world, and it has given rise to the era of influencers.

However, social media has its downsides as well. Young girls trying to meet unrealistic beauty standards and marriages broken up after one spouse reconnects with a high school sweetheart are just two examples of the drawbacks of a life spent online. You can add one more to the list – it has the potential to ruin a personal injury lawsuit.

Court evidence

As soon as you file a personal injury claim, your life is open for scrutiny. Insurance companies and the defendant’s attorney search for evidence to dispute your claim, including digging through your social media profiles. Anything posted online, including photos, videos, status updates and third-party tags on your profile, is a potential exhibit for the court.

Contradicting statements, timeline discrepancies and online discussions about the case can provide opposing counsel with the information they can use against you.

You may assume that your strict privacy settings will protect you from scrutiny. Unfortunately, insurers can find creative ways to access your posts, such as through mutual contacts or fake friend requests. 

To safeguard your case, here are some pitfalls to avoid:

  • Posting about daily activities: You may post about having a good day and feeling well enough to go to the gym. That could be interpreted as evidence that your injuries aren’t as severe as you claim.
  • Harmless photos that can be misconstrued: A picture of you holding a drink at dinner can be twisted to suggest you are regularly intoxicated and may have been so at the time of your accident.
  • Oversharing about your case: Just one inconsistency between what you posted online and what is part of your claim can be used as evidence that you’re lying about your injuries.

The best thing you can do is avoid social media during your case. That will prevent accidental missteps and eliminate any opportunities for your content to be used against you. Also, ask your friends and family to refrain from posting any pictures of you or sharing details of your case. Always follow the guidance of your legal representative. They understand all the tactics the opposition will use to deny your claim. Their help can make a significant impact on the outcome of your case.

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