If you have been hurt in a car crash, slip and fall, or other type of accident, you may be able to claim compensation if someone else’s negligence, or carelessness, caused your injuries. Today, social media is a regular part of our daily lives. Hopping onto Facebook, X, TikTok, or any other platform may not seem risky after an accident. However, the truth is that posting to social media can do much more damage to your claim than good. Below, one of our Baton Rouge personal injury lawyers explains in further detail.
How Can Social Media Impact Your Personal Injury Case?
Liable parties, insurance companies, and defense attorneys utilize social media to collect information that could hurt your personal injury case. These parties use many different platforms to find posts, tagged photos, and more that can challenge the severity of your injuries or your credibility. These parties look for the following information:
- Statements about the accident: If there is any mention of the accident, particularly statements that contradict what you initially said about the incident, it can significantly hurt your claim.
- Admitting fault: You may not think that you have admitted to the accident online. Still, even stating that you are sorry for the accident at all can be viewed as an admission of fault.
- Updates regarding your recovery: Making statements that indicate that you are making a speedy recovery or that you are feeling better can also weaken your injury case.
- Posts showing physical activity: If you post videos or photos of yourself participating in physical activity such as dancing, working out, or attending events, it can indicate that your injuries are not as serious as you first stated.
- Pre-existing conditions: If there are previous or current posts that show that your injuries may have existed prior to the accident, it can negatively affect the total amount of compensation you receive.
After defense attorneys and insurance adjusters have the above information, they may argue that you do not require the amount of damages you are pursuing, which could possibly lower the settlement offer. The goal of the insurance adjuster is to protect the company’s profits, which means not providing coverage for the total losses you sustained.
How to Safeguard Your Social Platforms After an Accident
While you may not be able to stop the other side from combing through your social media posts, there are ways to protect your profiles so they do not hurt your claim.
The first step you should take is to review the privacy settings on all of your profiles. Make sure that only your friends can see your profile and that your posts are not accessible to the public. Check regularly for any updates made to a platform’s privacy policy so you can ensure that your profiles are secure and cannot be seen by others.
Secondly, make sure there are no posts that insurers and liable parties cannot take out of context. Even updates that are seemingly innocent can be misinterpreted to discredit you and your claim. Do not discuss the details of the accident, your injuries, or your recovery process on any platform.
Lastly, remember there is always the risk that the other side may try to gain access to your posts through your friends or even subpoenas. Due to this, it is critical to consider how the other side may perceive your online persona. For example, political posts, inflammatory comments, or controversial memes could be used to make you look bad in front of a judge or jury. Insurance adjusters may collect any posts that are contradictory to your claim, even if they were made years before your accident.
To ensure that your social media posts will not be used against you, it is critical to speak to a Baton Rouge personal injury attorney. Raise any concerns you may have about certain posts, and remember that simply deleting them does not always mean that they have disappeared completely.
Our Personal Injury Attorneys in Baton Rouge Can Help with Your Case
There are many factors that can hurt your personal injury claim, and social media posts are often overlooked. At Big River Trial Attorneys, our Baton Rouge personal injury attorneys can help you navigate the process so no mistakes are made and your claim is protected at all times. Call us today at (225) 963-9638 or fill out our online form to schedule a free consultation with one of our experienced attorneys and to learn more about how we can help with your case.
