Social media has become ingrained in our lives, as technology makes it accessible from almost anywhere at any time. Sharing personal updates and photographs with family, friends, and anyone who can access our page is typically not something that can negatively impact our lives. However, posting to social media and sharing information can come back and haunt you if you have a pending personal injury claim.
If you are injured in an accident, you should never comment on any of the details of what happened in posts or comments on your page. You could mistakenly post something inconsistent with a statement you gave the police or insurance company. Their insurance company lawyers will search your social media activity and can use it to discredit the testimony you gave of how you were injured. Do not discuss the claim’s progress or speak poorly of any parties involved, including insurance companies, because it can reflect poorly on you.
If you told the insurance company that your injuries prevent you from enjoying activities with family and friends, but a recent post suggests otherwise, their lawyer may use your posts to challenge the seriousness of your injuries.
You may think that making your account private and only sharing posts with vetted friends and family members will keep your social media accounts safe from scrutiny. However, that is not the case. An account set to private can be used as evidence in a personal injury claim.
The court can request information from your public and private accounts, including comments or posts made by family or friends. In some cases, courts may demand that you reinstate a recently deleted account to retrieve information. Just knowing that a temporarily or permanently deleted account can usually be recovered and restored is important and can help you from making serious errors.
The best way to avoid damaging your case is to take a break from social media activity while your case is ongoing. If you cannot stop, you must ensure you do not mention anything regarding your case or your activities. Limit who you interact with, and do not add new friends that you are not associated with. Limiting your use to only liking family and friends’ posts enables you to enjoy those apps without jeopardizing your case.