Social media allows you to keep in touch with others, share your thoughts, and provide updates. This is especially true considering the extent to which the COVID-19 pandemic has normalized social media use.
However, in the case of ongoing personal injury litigation, social media use can be highly relevant and, in some instances, even damaging. Any statement, picture, or video you share can be taken out of context in a way that abstracts your injuries and undermines your case. With the right Social Media Personal Injury Legal Assistant. Seattle injury attorneys can help you in Washington to overcome these hurdles without social media damaging your case.
This is the first of a two-part series discussing the intersection of social media and personal injury litigation and offers case protection strategies.
The literature on the sociology of injury litigation shows that social media accounts of claimants are not to be taken at face value. All social media accounts are open to the public, and the information they contain can be legally gathered and used by insurance companies. Marketing of social media suggests the public can share their thoughts and experiences without consequences. This is a misconception.
In the context of injury litigation, public social media posts can contradict a claimant’s injuries and abuse. Documented evidence is the mainstay of courts and insurers. Social media evidence is another source of documentation, and in some instances, compensation can hinge on evidence obtained from social media. Users must comprehend the consequences of social media evidence and what is safe to share.
Common Social Media Blunders to Avoid During Claims
1. Sharing Photos of Activities Involving Physical Exertion
Posting pictures of engaging in physical exertion such as hiking, sporting activities, or lifting heavy materials can provide evidence contrary to medical documents regarding your injury. This can result in a lower compensation or loss of the case, as insurance companies may argue that injuries are being exaggerated.
2. Sharing Case Details
Posts about personal injury claims, even in private groups or temporary stories, can be screenshot, saved, and used as incriminating evidence. Opposing parties may use such posts to negotiate or present evidence to reduce claims.
3. Posting Sarcastically or as a Joke
Humorous posts or sarcasm about your injury may be taken out of context. Social media content is often permanent and may negatively influence a jury or insurance adjuster’s perception of your case.
4. Posting Negative Comments About Other Parties
Disparaging others involved in the incident may demonstrate poor character. Such expressions of anger or hostility may indicate emotional instability or bad faith, which can affect your credibility in court.
5. Interacting With Unknown Followers or Groups
Accepting connection requests from strangers or joining public groups about personal injury may expose personal data. These interactions can be monitored and used against you.
Best Practices for Social Media During a Personal Injury Case
1. Limit Your Online Activity
Avoid posting anything about your injury, accident, or legal case until it is resolved.
2. Adjust Privacy Settings
Make your accounts private, and monitor friends and followers and their permissions. However, even private posts can be screenshotted and shared.
3. Avoid Discussing Your Case
Do not discuss your case with others online. Instead, communicate with your attorney, who can provide confidential guidance.
4. Oversee Content You Have Already Posted
Review previous posts, pictures, or videos related to your accident or injuries, and delete anything that could be misinterpreted or harm your claim.
5. Communicate With Your Lawyer
If unsure about what you can share, consult your attorney. Experienced Personal Injury Attorneys in Olympia, WA can identify risks and suggest practices to protect your claim while maintaining online privacy.
How Social Media Evidence Is Used in Claims
Insurance companies may assign investigators to review social media or use automated tracking to evaluate online activities. Examples of posts that can be used against you include:
- Doubting the extent of injuries you reported
- Indicating you did not follow doctor’s orders
- Showing physically strenuous activity, disputing claims on lost wages
By practicing caution, you reduce the risk of posts being misinterpreted and strengthen your case.
Conclusion
While social media is excellent for communication and connection, it can negatively impact personal injury claims if not used carefully. Avoid posting about your accident, injuries, or legal matters.
Having an attorney enables professional guidance on balancing claim management with social media use. For personal injury cases, consulting an experienced injury attorney Olympia WA helps protect your interests and navigate the legal process effectively.