Social media platforms are integral to the lives of most Americans. According to a study by the Pew Research Center, 7 in 10 people in the United States use at least one social media platform regularly.
Social media is an excellent way to stay connected with friends and family or to stay up-to-date on the latest news. However, these platforms can be a liability during a personal injury claim.
Discover how social media can harm your chances of getting the compensation you deserve and what steps and measures you can take to protect yourself. Contact The Vance Law Firm for guidance on social media use when filing a personal injury claim.
One of the biggest benefits of social media platforms is enabling people to provide instant updates about themselves. Sometimes this means posting about experiences in their lives during or just after a big event occurs.
If you’ve recently been involved in a personal injury incident, the accessible nature of social media posts makes it tempting to post an update to friends, family, and colleagues. While posting accident-related content to social media can be a way to document and record your injuries, it can also negatively impact your ability to obtain compensation.
Posting on social media can affect your personal injury claim in several ways. It’s important to understand that insurance companies often dig for evidence to deny your claim, including looking through what you post on your social accounts.
Alabama’s strict contributory negligence doctrine bars anyone from receiving compensation if they are even 1% at fault. If an insurer can show you contributed to your injuries, they can avoid paying you.
Even if you’re not at fault, if the insurance company finds evidence that your injuries are not as serious as you claim or are not adversely affecting your well-being, they can reduce their settlement offer.
Whether your favorite social media platform is Facebook, Instagram, Twitter, or TikTok, it’s crucial that you know what not to post during your case. The following examples can help you understand what to avoid posting and how it can impact your claim:
If you are currently involved in a personal injury case, avoid making any comments regarding the details of your incident or how your case is progressing. Details to avoid can include:
The other party’s insurance company can potentially view and record this type of post. They may analyze the tone and content of your posts and compare them with your official statements to try and find inconsistencies, reducing your compensation payout.
An insurance company may go to extreme lengths to get information about your case. They may use a fake profile on social media to approach you and get around privacy controls. If you add them as a contact, they can see your content, even if your profile is set to private or friends-only.
Avoid messaging with or accepting friend requests from people you don’t know during an ongoing case. They may be trying to get information from you or your account that they can hold against you.
Posting updates of your daily life, such as going to work, the gym, or out with friends, can negatively affect your personal injury claim. For example, if you are suing another party for debilitating or immobilizing injuries, posting an update showing you’re checking into a gym or starting a sports activity can be a liability.
The other party’s insurance adjuster may find the post and use it as proof you’re exaggerating or lying about the extent of your injuries. Avoid posting until your case is complete to prevent this issue.
Contradicting statements can include simple or innocent-sounding posts. For example, saying “I’m OK” to express your state of mind or physical well-being can be used against you. The other party can interpret it as a statement suggesting the extent of your injuries isn’t as severe as claimed.
Social media activity during an ongoing personal injury case is risky and can affect your compensation payouts. If you have concerns or questions about your case, contact the team of skilled Alabama personal injury lawyers at The Vance Law Firm.
Our legal team can gather evidence on your behalf, negotiate with insurance companies, and provide you with guidelines and advice on how to handle social media.
Contact our law firm today to schedule a free case review and start your claim.