Social media has allowed many people to connect with others more effectively than other forms of communication. This marvel enables people to reach out to people across diverse geographies and time zones with just a few clicks. According to Statista, the average time spent on social media was at 135 minutes per day in 2017.
In 2019 that figure has grown to 153 minutes per day in 2019, and current trends suggest a further increase. Social media allows everyone to share the happenings in their lives through captivating texts and vivid pictures, with little left to the imagination.
A ready and empathetic audience may encourage personal injury victims to seek solace in social media. However, Bennett Injury Law suggest avoiding social media until pending injury claims are resolved.
Here are a few ways social media may affect a personal injury claim.
1. Social Media Posts Can be Detrimental to Your Claim of Physical Injury
People seeking litigation on personal injury don’t just suffer from physical injury. They also seek reparations for associated medical costs, loss of income (due to injury) as well as the emotional damage sustained during the accident. Various witnesses such as medical experts, workmates, neighbors, family, and even friends may be called upon to testify on behalf of the claimant.
If the claimant has photos on social media taken after the date of injury, the insurance defense will often try to use them hurt the plaintiff’s case, even twisting the truth to do so. The insurance defense can try to defeat claims of reduced mobility, inability to perform physical tasks, or chronic pain. Based only on the optics provided on social media, the insurance defense my try to get a judge or jury to `rule against compensation.
2. Evidence on Social Media Can be Used Against You to Disprove Claims of Emotional Distress
Aside from physical injury, accident victims also bare psychological scars that affect them on an emotional level. PTSD, anxiety, depression, and even withdrawal from society are observable in such people.
The insurance defense may turn to social media to look for even the slightest trace of joy or social activity as evidence against emotional distress claims. Something as harmless as a funny emoji or a joke among friends could be twisted by the insurance defense to argue a claimant is not as isolated or depressed as they claim. This counterclaim may reduce the amount due as liable for the personal injury claimant.
3. Are My Social Media Postings Public Record?
Recent senate hearings on Facebook, Twitter, and Google raise several questions on the privacy of social media users. These hearings revealed that social media postings are a matter of public record. Another alarming discovery is that such records are not as secure from third parties as we may think.
Only private messages need consent, a warrant, or a subpoena; the rest of your posts are likely free for all to view. Anything posted publicly, or posts featuring the claimant can be used in litigation as evidence against personal injury claims.
4. Best Practices for Social Media
Generally, one should avoid posting anything that the defense can use to affect a personal injury claim. Even posts that are seemingly vague or innocent can be twisted and misinterpreted to mean precisely what the defense wants. It is advisable to suspend all social media activity during this period.
One can also set social media accounts to private and stop accepting new friend requests. Family and close friends should also likely set profiles to private and avoid posting anything related to the accident.
5. Posts to Avoid
Personal injury claimants should avoid posting anything that mentions the type of medication and equipment used for their treatment. In case you’re using a crowd funding campaign to raise treatment funds, list minimal details. In addition, posts mentioning you checking into events in venues like theme parks or clubs can also diminish the strength of a claimant’s case, so it should be avoided.
The claimant should also avoid posting any videos or photos during litigation as they could be twisted to give the wrong impression.
6. Treading Carefully on Social Media Sites after an Accident!
No matter how angered and aggrieved the claimant is with an accident, it is not a good idea to use social media to vent. Such actions may be seen as an attempt to take advantage of the situation.
Several message boards act as support groups of accident victims. These should be avoided. The defense and even insurance companies can use such comments against the claimant.
7. Security Measures to Protect Your Claim!
Even after raising security settings, the defense and insurance investigators may still find a way into posts. The judge may also grant them access. The best security measure on social media is a preventative mindset. It is vital to think of the worst-case scenario before posting anything.
In social media, optics means more than the truth. Even if a claimant is under a lot of physical and emotional strain, what they post can cater to a different narrative. Prevention is the best approach in protecting your claim during litigation it is resolved.
Conclusion
Some claimants opt to work through personal claims on their own as they think it’s just a matter of filling the paperwork. However, unless you work with an attorney, social media posts can skew and misrepresent all the information provided. At Bennett Injury Law, we know precisely how to protect claimants from such underhanded tactics.
Contact us today and we will ensure that the insurance companies do not take undue liberties with your social media records.
