5 Ways Social Media Can Complicate Your Personal Injury Case

As we continue to immerse ourselves in the digital age, a majority of expression and consumption are done through social media. Being so reliant on social media in our day-to-day lives, it is easy to get carried away with the type of information we post. However, this second-nature viewpoint can come back to haunt us during investigational situations like personal injury cases.

Here’s a breakdown of how social media can impact the outcome of your case.

5 Ways Social Media Can Hurt You

1) Invalidate Your Argument

One of the most damaging activities to your personal injury case is evidence of contradicting activity to your claim. A claim in a personal injury case is extremely important because it outlines the specificities of your argument.

Example of contradictory social media activity:

• Claim: you sustained a leg injury from a car accident, resulting in limited mobility. Treatment and medical bills are high, so you are seeking compensation.
• Contradictory social media post: posting photos of yourself participating in physical activities using your leg (e.g., biking, running, hiking), containing time stamps after a claim is filed.

When gathering evidence for a case, insurance companies and defense attorneys may use your posts as proof of exaggeration or falsification of an injury. The significance of this evidence may lead to a lower compensation rate for your injury.

2) Harm Your Reputation and Credibility

Reputation relies on the credibility and trustworthiness of the evidence and testimony provided to the judge or jury. Similarly to your argument, posting opinions and images has the potential to damage your reputation and the ruling of your case.

Whether directly contradictory or alluding to falsity, posts of any form can undermine your position in court. A case has a lot of moving pieces that can easily sway a jury or judge depending on the storyline it creates. If posting, it is important to keep in mind a supporting and consistent narrative across the board.

3) Insurance Company Accessibility

It is common now more than ever for social media platforms to contain various setting options for privacy. Although seemingly protective, insurance companies and defendant legal teams have access to accounts through legal discovery processes.

Posts can slip under your radar through sharing options, including:

• Tagging other users
• Utilizing public hashtags
• Direct messaging friends
• Commenting on public profiles
• Linked profiles (e.g., linked Instagram and Facebook)

It is the goal of insurance companies to find reasons to reduce payouts or deny claims. To do so, social media posts may act as a key proponent of validity. In some cases, insurance companies may even request access to your social photos and comments during their discovery process. Whatever information is pulled may be used against you.

4) Unintentional Admission of Fault

Social media may pose a threat of garnering counterclaims. Because social media is an avenue for expression, it is easy to overlook the consequences of your posts. Although rare, posting unintentional or unrelated comments and posts can be taken as an admission of liability.

This may look like a story time video you post for your friends alluding to distraction or a comment of “relatable” to a viral texting and driving meme. These situations could indicate that the accident was partially or fully your fault. Although posts may appear inherently innocent, any statement involving the investigated situation can affect the results of your case.

5) Witness Invalidation

Directly affected or not, witnesses play a huge role in supporting various storylines in a case. Depending on the situation, it is likely witnesses are able to access your social media and gather their own interpretations on the matter. Posts can heavily manipulate the outcome of evidence presented and bring about arguments of severity. Opposing parties may utilize witnesses of your posted narrative to craft a case that weakens your claim.

How We Can Help You Protect Yourself

Although social media may be a light-hearted avenue of self-expression, it can also be the determining factor of your compensation. We understand being injured can be a frustrating time.

Here at Bordas & Bordas, our goal is to help you pursue the compensation you need to recover from your accident-related damages. Contact us today for help navigating the legal process and avoid making unnecessary mistakes.