How Social Media Can Impact Your Personal Injury Case

Navigating the intimidating landscape of a car accident claim or personal injury lawsuit can be challenging. As a plaintiff, you may not be aware of the potentially detrimental impact your social media posts can have on your claim for compensation. Information, photos, videos, check-ins, and other activity on your social media account can be used by an insurance adjuster or defense attorney to undermine your claim, which could lead to you receiving less compensation or losing your case altogether. If you have been involved in a car accident or other accident caused by someone else’s negligence, and are considering making a personal injury claim, the best advice is to stop using social media completely until after the conclusion of your case. Contact a personal injury lawyer like those at Solnick Lawyers for advice on what you should do after your accident.

Personal Injury Claims and Social Media 

Social media platforms like Facebook, Instagram, LinkedIn, TikTok, and X (formerly known as Twitter) have become integral to our daily lives. They are used personally and professionally by people of all ages. While these platforms serve to connect us with friends and family around the world, as well as business contacts and other less familiar acquaintances, they can also provide a wealth of information that could be used against you in a personal injury case. It is standard practice in a personal injury claim for insurance companies and defense attorneys to turn to these social media outlets to gather evidence that could call into question the severity of your injuries or suggest liability on your part. Social media can impact how you are viewed by a jury, the likelihood of winning your claim, and the amount of compensation that you are awarded. 

Social Media’s Impact on the Discovery Process 

When you bring a lawsuit after a car accident, slip and fall, or other incident, your personal injury lawyer will guide you through the steps of the legal claim including the discovery process. During the discovery process, both parties in a lawsuit are entitled to request relevant information from the opposing side. This includes any social media activity that could be related to your case. Pictures of you participating in physical activities while claiming a debilitating injury or posts venting frustration about the case can be detrimental to your claim. Some plaintiffs think that their social media activity will be private if they change the settings on their social media accounts to “private” or friends only,” however, even these posts might have to be produced in the discovery process.

Five Tips For Social Media Use While Waiting For Your Case Verdict or Settlement

Your actions before a verdict or settlement in your case, including the time before filing your personal injury lawsuit, can be critical to the success of your case. Here are five tips to follow regarding your social media use during this time.

Avoid Using Social Media As Much As Possible 

While completely staying off social media might not be realistic for some people, especially if you use it for professional purposes, it is strongly advisable to avoid social media as much as possible while you are involved in a personal injury claim. Anything shared on these platforms, such as photos of you performing activities or socializing can potentially be used against you in your case. This also includes less obvious social media activity such as being “tagged” at an event or activity or tracking your activity on a community app.

Don’t Delete Content 

Deleting posts or photos might seem like a good idea, but it can lead to accusations of evidence tampering that will be detrimental to your case. Also, it is highly likely that even when you think you have deleted content, it can still be found with the proper technology and skills. It is best to leave your existing content as it is. 

Don’t Accept Friend or Follow Requests From People You Don’t Know 

Insurance companies, insurance adjusters, defense attorneys, and members of their team may attempt to gain access to your private posts. It is best not to accept any new friends or followers while your claim is proceeding, and be cautious about who your current friends and followers are connecting with.

Refrain From Discussing Your Case 

Discussing any aspect of your case on social media is ill-advised. Even seemingly harmless comments can be twisted and used against you. Your lawyer should advise you not to discuss your case online at all, and to be careful about who you discuss your case with in person. Well-intended friends can disclose information that will hurt your case without realizing it.

Avoid Sharing Updates From the Case 

Sharing updates about your case could affect your right to confidentiality and harm your case. It is best to keep details of your case off social media entirely. While you may be accustomed to posting regular updates about your life online, and your life is currently consumed by your personal injury claim, it will not help your case to disclose any information about the case on social media. It is more likely to cause problems and difficulties for you and your claim.

Schedule a Free Consultation With a Pennsylvania Personal Injury Attorney

Navigating a personal injury lawsuit can be stressful and confusing. Experienced personal injury attorneys, like those at Solnick Lawyers, can guide you through the process and help ensure that your claim is not compromised by your social media activity.

The law firm of Solnick Lawyers has been handling car accident lawsuits and other personal injury claims in the Greater Philadelphia area, and throughout Pennsylvania and New Jersey, for nearly 3 decades. We are not intimidated by the tactics of aggressive corporations, insurance companies, or government agencies. We face them day after day in negotiations and courtrooms to secure justice for our clients, and we will do the same for you. Solnick Lawyers is on your side. Contact us today to schedule your free consultation.