Why Should I Stay Off of Social Media During My Personal Injury Case?

Kevin BiniazanAugust 7, 2017

In our 21 st century digital age, communication is streamlined and instantaneous. Social media is a great way to stay connected to family and friends, and after an accident, you may want to post an update to let everyone know what’s going on. However, there are legal ramifications you need to consider before posting a tweet, Facebook post, or photo on Instagram.

Here are 2 Reasons to Avoid Posting on Social Media During a Personal Injury Case:

1. Social media posts can be used against you in court.

Social media is legally considered evidence. It can be used against you by insurance companies in court, which is why posting videos, photos, or information about the case on social media is a bad idea. In general, you should refrain from posting about anything to do with your case, including information about your medical treatment and the extent of your injuries. Do not post information or opinions about anyone connected to the case, including claim adjusters, healthcare providers, drivers, and passengers. Insurance companies will do research and use any evidence to avoid paying compensation. For example, if you post a statement on Facebook soon after the accident and call you injuries “minor,” even if the injuries are more severe than you thought at the time, insurance agents can use this as evidence that you are exaggerating your injuries.

2. Social media posts can disprove your claim.

Photos, videos, and statements on social media can be used in court to disprove your claim. For example, if your injuries cause depression and anxiety, you can seek compensation for pain and suffering. However, if you post a photo of you smiling at a party, insurance companies will use this against you, even if the photo is dated prior to your accident. Thus, it is important to avoid posting anything on social media that could be taken out of context. You should also ask friends and family to avoid posting anything about you or tagging you in photos, in case insurance agents try to use the posts against you. A good rule of thumb is to avoid social media entirely until your case is settled, or at least ensure your privacy settings are at the highest level.

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