Unfriending Risk: The Impact of Social Media on Personal Injury Claims.

In the age of smartphones and ubiquitous internet access, we live our lives online as much as off. But when it comes to personal injury claims, those social media posts can have consequences you may not expect. With increasing regularity, social media platforms such as Facebook, Instagram, Twitter, and even LinkedIn have begun influencing the litigation process in personal injury cases.

It's Public, Whether You Think So or Not

The first thing to remember is that anything you post online is potentially public. Even if you think your account is private, it's surprisingly easy for insurance companies and defense attorneys to gain access to your posts. Courts often agree that anything posted online, even with privacy settings, is fair game for discovery.

Contradicting Your Claim

One of the key ways that social media can impact a personal injury claim is if you post something that contradicts your stated injuries. Let's say you've claimed severe back injury, but then post pictures of your weekend mountain climbing adventure. Such discrepancies, whether entirely factual or not, can be used to discredit your claim.

Undermining Your Character

Posts can also be used to undermine your character or your credibility as a witness. If you've claimed emotional distress, but your social media profiles show you out partying and enjoying life, it may be argued that your distress isn't as severe as you've claimed.

Tracking Your Activities

Geolocation data from social media can track where you are, what you're doing, and when. Even if you're not actively posting, data that could contradict your claims can be collected if your settings allow it.

Case Study: The Unintended Consequences of a Tweet

Let's look at a fictional case study: Jane was in a car accident and claimed severe whiplash resulting in constant pain, limited mobility, and inability to work. Her personal injury case was strong, with medical documentation and a clear fault in the accident.

However, Jane was also an active social media user. She frequently posted updates on her Twitter account. One day, missing her active lifestyle, she tweeted, "Wish I could go hiking today, but stuck at home. #FlashbackFriday to last year's epic mountain trek!" Along with this caption, she posted a photo of herself beaming and holding up a "summit" sign on a mountaintop.

The defense's attorneys found this tweet. Even though the post was explicitly labeled a flashback, the defense used this tweet to challenge the severity of Jane's injuries. They argued that the tweet created doubt about when the picture was taken and, thus, put her entire claim into question.

The jury was swayed, and Jane's compensation was significantly reduced. Despite the picture being from a year ago, her social media post cast doubt on the legitimacy of her claim.

Preventing Social Media Mishaps

The best way to prevent any of these issues from arising is to take a hiatus from social media during the course of your personal injury claim. If that's impossible, you should be careful about what you post and who can see it. Please check your privacy settings regularly and be aware of the potential implications of your posts.

Also, you'll need to let your attorney know about any social media accounts you have and talk about any potentially damaging posts, if you don't mind. An experienced personal injury attorney can guide you through the complexities of dealing with social media during litigation.

Conclusion

Social media is an integral part of many people's lives. However, its impact on personal injury claims should be considered. As an attorney, it's vital to understand how social media evidence can impact your clients' cases and to guide them effectively. Remember, the best defense is a good offense. Make sure you're aware of the digital footprints your clients leave behind. This story underscores the importance of being mindful of social media activity during personal injury cases. A seemingly harmless post can have unintended consequences that could change a claim's outcome. In the digital age, personal injury attorneys should focus on their client's physical and emotional condition and guide them on their digital presence.

The line between personal life and public information blurs in social media, creating additional complexity in personal injury cases. Awareness of this can help attorneys protect their client's interests and guide them through the process more effectively.

If you have questions, reach out to our team at www.cernitzlaw.com