How Your Social Posts Can Affect the Outcome of Your Personal Injury Case

After being involved in a car accident, bicycle accident, motorcycle accident, or a pedestrian accident, you may want to post updates on your social media accounts, letting your family and friends know what the doctor said, what type of surgeries you need, or how your recovery is going. However, when you post anything about your accident, injuries, or recovery on social media, you may put the outcome of your personal injury case at risk. This is because insurance agents are trained to find anything you say online, which are considered statements made outside of court that can and will most likely be used against you in any way possible. Here are six ways that your social media posts can affect the outcome of your personal injury case.

Your social media posts may say something different than what you are saying in your claim

When you decide to post anything about your car accident on social media, you are providing information about what happened. Although you may think that this is completely harmless, the insurance company may search for any statements you have made to fit their suit narrative. Accordingly, even seemingly inconsequential posts should be approached with caution, as the insurance company is likely to leverage them to contest your version of the events.

Your social media posts may downplay your injuries

While your social media accounts are commonly used to reveal exciting and happy times in your life, sharing even mundane activities can have negative impacts on your claim. For instance, if your claim indicates you have suffered from seriously reduced mobility and are unable to move effectively, it would be detrimental to your case to post online that you went grocery shopping or even unloaded your groceries from your car for the first time since the accident. Even if you are excited about this milestone, it can be used to suggest that your injuries are not as serious as you mentioned in the claim.

Your communication with family members or friends on social media may show inconsistencies

Some people may choose not to post anything on social media when dealing with a personal injury case. However, they may not realize that insurance companies will still check the accounts of their family members and friends. Therefore, if you comment on someone else’s post or if someone posts a photo of you, the insurance company will likely find it and use it to jeopardize your case.

For example, if someone writes on your mother’s Facebook wall asking how the family is doing and she responds that everyone is doing well and currently on a trip to Disneyland, the insurance company may use this statement against you.

Your social media check-ins may imply your life is back to “normal”

Another common mistake individuals make after filing a personal injury claim is checking in to various places on social media. Although this may be a routine formed prior to the accident, if your claim indicates significant deterioration in your mobility from the accident, and then check in to your local swimming pool, the insurance company may use this check-in to question how you are able to swim if you are indeed seriously injured.

Your social media posts may reveal too many details about your medical reports or conditions

We recommend that you do not share details about your medical reports or conditions publicly. We also recommend that you do not communicate with the other insurance companies; let our Los Angeles injury lawyers handle those communications. If you use social media to post about your medical treatments, reports, or conditions, an insurance company can use it against you to reduce the amount of compensation to which you are entitled.

For example, if you post on social media that your doctor is no longer recommending surgery or that your cast was removed early, the insurance company use it to their advantage.

Expressions of sadness or regret may be twisted to imply guilt

Say you learn that a child was injured when another driver hit you. If you post about how you “feel bad” or how you were deeply saddened to learn that a child was also injured, the insurance company may treat this as a confession of guilt – even if this was not your intention.

Remember: your private messages are not necessarily private

Your social media activity, including both public posts on your feed as well as potentially private messages through apps or the platform, could be subject to scrutiny in your personal injury case. It is essential to be aware that even though text messages are not classified as social media posts, they can still be utilized against you.

Wanting to vent or talk about your traumatic accident with your friends and family online who live states away is understandable. However, we strongly recommend that you refrain from this activity. At McNicholas & McNicholas, we make sure our clients are aware of the risks that come with social media when navigating a personal injury case. If you have any questions or concerns related to your social media accounts affecting your case, please do not hesitate to call our Los Angeles personal injury lawyers or complete our contact form. We offer free and convenient case reviews, which are done remotely. Our team looks forward to meeting and assisting you soon!

This blog should not be used as legal advice. Every individual’s case is based on unique facts and circumstances. Therefore, if you need legal advice, consult a lawyer directly.