How Social Media May Impact Your Personal Injury Claim

We live in a world that is hyper-connected and whether we like it or not, social media is a very real part of our daily lives. It is not uncommon for someone’s virtual network to know about a change in someone’s life before the real people in their actual network know the same information. But if you are injured and plan on pursuing a personal injury claim, it is incredibly important to understand how social media can impact your personal injury case. It is possible that your social media posts could impact the liability analysis related to your personal injury claim, and social media posts can often negatively impact the damages you may attempt to recover.

For good reason, insurance companies and those defending personal injury claims are using social media as a critical investigative and discovery tool. Posts or stories shared to Facebook, Instagram, X (formerly Twitter), and TikTok can be used to undermine your credibility, and minimize your damages. And do not let yourself be fooled in to thinking that snaps and Snapchat activity are private or temporary. You may be posting and sharing in good faith and still negatively impacting your claim.

CREATING CREDIBILITY ISSUES

This is perhaps the most common pitfall. If you are claiming serious injuries with significant ongoing or permanent physical limitations, your social media posts may create a basis for doubt or even worse, evidence that you have not been truthful in making your claims.

• Photos depicting physical activity and ability: Photos or videos of you hiking, playing sports, demonstrating range of motion, or dancing can directly contradict claims of pain, limited mobility, or inability to perform daily tasks.

• Traveling and being social: If you check in at a vacation spot, or some sort of event like a concert, your limitations or claims to be limited in terms of mobility may be questioned.

ADMISSIONS OF FAULT

Posts including venting or off-the-cuff rants, or even casual comments about an accident, can be misconstrued or at least offer opportunities to muddy the water. Consider that you post a comment along the lines of “I should have seen this coming.” Did you really mean you were not engaged in reasonable and appropriate look out? Were you distracted at the time? Maybe you made that comment because you had had a string of bad luck lately and you simply meant that “this figures,” but you can likely see where a seemingly innocent comment could cause an issue.