The Cassidy Law Firm Blog

Wednesday, August 7, 2019

Social Media and Injury Claims

Posting about our lives on social media has become second nature. It is so ingrained in our everyday routine that we often do it without giving it another thought. If you have been in a car accident, however, what you post on social media can jeopardize any right you may have to compensation or seriously reduce your chances of recovering the level of compensation you deserve for your injuries.

Why You Should Avoid Social Media After Injury in a Car Crash

Insurance companies are all about their bottom line. Any chance they have to undermine your claim or write it off completely will be taken. Opening up on social media about a car crash or your injuries gives them the opportunity they are looking for. So, before you go to post anything on Facebook, Twitter, Instagram, or any other social media site relating to your car accident, think about all of the ways something could be misconstrued. 

Some examples are:

  • Show you are not injured or not as injured as you claim to be: Any pictures of you engaged in activities or that seem as though you are engaged in activities can be used to show you are not injured or as injured as you are claiming to be. Life goes on after an accident and day to day activity is a part of that, but posting pictures of your life after an accident can be used to undermine your claim. A picture may even be misconstrued so that the interpretation may not even be an accurate reflection of what is going on in the picture.
  • Make it appear as though you admitted fault for the accident: Who is at fault for the accident and, thus, who is liable for causing the accident and paying the resulting damages, is a fact-intensive analysis and can get quite complicated in many cases. Posting about your accident on social media can open you up to attacks regarding your contribution to causing the crash. Seemingly innocent statements such as “I feel so stupid” or “I never saw the other car coming,” can be interpreted as admissions of fault or contributory negligence.
  • Undermine emotional distress: We are all aware of the fact that social media does not necessarily accurately reflect how people are feeling about their lives. Happy and carefree posts flood news feeds while the people posting often are struggling with heavy burdens just like the rest of us. If you are claiming to have suffered emotional distress as a result of an accident and your resulting injuries, posting normally on social media can be used by the insurance company to support the claim that you were really not as detrimentally affected by the crash as you are alleging. Impact on the day to day life is considered when deciding on pain and suffering damage awards.

These are three of the main ways that posting on social media can have a significant and adverse impact on your personal injury claim. While setting your accounts to the strictest privacy settings is a good step to take, there are many ways around this. Completely abstaining from social media until after your claim is resolved really is the safest course of action and a strong step towards protecting your claim. If you choose to stay on social media, amp up those privacy settings as much as possible. Be very careful about what you post. Never add a new friend or follower unless you are sure you know them and they are trustworthy.

Zealous Advocacy for Personal Injury Victims

Talking about insurance companies trolling your social media pages for information to use against you can seem a bit paranoid. Unfortunately, it happens all of the time. There is so much on social media that the insurance companies are given a look into your life and they will use it to their advantage in any possible way. For dedicated personal injury counsel and other ways to protect your right to full and fair compensation, contact The Cassidy Law Firm today.

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