After an injury accident, you may feel the urge to post about it on social media. Perhaps you just want to let your loved ones know what happened. However, social media and personal injury claims donāt mix. Hereās why.
Why Social Media Matters in Personal Injury Cases
When a person files a claim after an injury, the attorneys and insurance companies of the other parties involved conduct thorough investigations to determine what happened and who was at fault. Social media evidence is just one of many types of evidence they may scrutinize to determine liability. If the other side finds social media posts or photos they believe will undermine your insurance claim, they could use those findings to challenge your case.
Types of Social Media Posts That Can Harm Your Case
Any posts on social media can be taken out of context. Even if you donāt intend to misrepresent your condition after an accident, the following types of posts can jeopardize your claim:
- Photos or videos showing physical activity when you should be resting
- Comments about how the accident happened
- Posts saying you feel āfineā or ābetterā
- Check-ins at events, gyms, vacations, or restaurants
- Jokes or casual comments about the injury
- Replies to friends asking about the accident
- Deleted posts, which may raise questions about your credibility
Why Privacy Settings Donāt Fully Protect You
Many people assume they can continue posting to social media as long as they use the tightest privacy settings. Unfortunately, while your privacy settings may limit who can see your posts, they donāt make your account invisible. Insurers and defense attorneys may still be able to view your content through mutual connections, tagged photos, shared screenshots, or formal discovery requests. A private post can still become valuable evidence. For that reason, itās risky to assume that anything you post online will stay private.
Common Mistakes People Make
Itās easy to harm your personal injury case without realizing it. Some common social media mistakes people make include:
- Posting photos of their injuries before understanding their full extent
- Saying too much about the accident or who caused it
- Letting friends tag them in posts
- Deleting posts after initiating a claim
- Arguing about the accident in comments or messages
- Sharing medical updates online
How to Protect Your Personal Injury Claim
Marylandās contributory negligence law means that you could lose out on compensation if you are found just one percent at fault for an accident. When it comes to social media and other activities, the safest way to protect your personal injury lawsuit is to avoid posting while your case is pending. It may feel frustrating, but itās ultimately not worth the risk.
The other key thing you can do to support yourself is contact a Maryland injury claim lawyer to review your case, gather evidence, prepare your claim, and represent you in negotiations with the insurance company. Since 2017, the experienced attorneys at Trollinger Law LLC have been representing Marylanders in personal injury claims involving car accidents, truck accidents, bicycle accidents, pedestrian accidents, slip and falls, and wrongful death, among others. Contact us today for a free consultation.