How Social Media Activity Can Damage Your Personal Injury Case

In today’s world, it is almost inconceivable not to factor social media into our day-to-day lives. The places we go, the meals we eat, and the people we engage with are all part of our digital lives. Sharing ideas and opinions online is as normal as sharing them with one another in a face-to-face conversation.

However, whether we like it or not, our social media use has an impact on our offline lives. What you say online can reverberate and change the direction of your life. Anyone who has ever said something regrettable online understands this reality.

If you have an active personal injury case, this is especially true. The posts, photos, and other updates to the world of social media have a tendency to impact your “real-life” personal injury claim. Those impacts tend to be negative, unfortunately.

Anthony C. Gagliano, III, Esquire, P.C., an experienced Montgomery County personal injury attorney, helps clients advocate for themselves after being injured. Part of that advocacy is managing social media use both before and during a personal injury case.

The far-reaching impacts of social media use on a personal injury case

Personal injury cases are especially susceptible to seemingly unrelated evidence making a major difference in the outcome of a claim. For instance, suppose that you were injured in a car accident.

Rear-ended at a red light, this was the most straightforward case anyone could think of as far as fault was concerned. You were stopped at the light, and a negligent driver came up behind you and hit your rear bumper. Open and shut case, right?

Not so fast. Even if the at-fault driver and their insurance company admit fault in the accident, that does not guarantee you any particular outcome. The insurance company for the at-fault driver will immediately begin searching for evidence to counteract any injury claim you intend to make. Social media evidence can play a significant role in that effort by the insurance company.

Consider a back pain allegation after the car accident. Your complaints of severe back pain could be harmed by a video from social media showing you deep-sea fishing, dancing, or simply shooting hoops with a friend. No matter how “private” your social media settings are, it is amazing what a motivated insurance company and its legal team can potentially dig up. Consider yourself warned.

Be wary of showing yourself to be too active during a personal injury case

As long as you have an active insurance claim or legal case, it is wise to hold back on posting photos or videos of yourself engaging in physical activity. You may be engaging in an activity to increase mobility or simply let off some steam. However, an opposing attorney or their insurance company client is unlikely to be as supportive when introducing the video as evidence in a personal injury trial.

Avoid posting about what happened in the accident

It is normal to have opinions about what just happened to you. Being injured in a car accident is a major event. You’re not feeling great, and you’re engaged in a legal battle against an insurance company. Not exactly the most fun a person can have.

That said, deciding to post information about the accident on social media is almost always a mistake. Speculating on the other driver’s status during the accident could be taken out of context by others. Alluding to the accident with a humorous or sarcastic opinion may show that you are not as injured as you were letting on.

Suppose that the other driver was determined to be 100% at fault for the accident. Having an opinion about the accident is one thing. Posting that you “got away with one” because you may have contributed in some way to the accident could result in the liability decision by an insurance company being reversed.

Stay away from posting opinions about the opposing attorney or judge

This is a classic mistake that has sunk even the most promising of personal injury cases. All you need to do is perform a basic search for social media posts about judges to find that many people have made the mistake of saying something negative about a judge on the internet. Believe it or not, judges do not take too kindly to opinions being shared about them by current litigants.

Remember, the judge (and the opposing attorney, for that matter) is going to be a part of this case until the end of your legal matter. It is better to treat these people with respect whenever possible. Judges make important decisions throughout the course of a personal injury case. Just because the judge made a ruling against you on one issue does not mean that he or she will not rule in your favor on the next issue.

Social media actions you should take during a personal injury case

Before entering into a personal injury case, be sure to look into how your social media profiles can be set to “private.” Specifically, you should aim to only have friends be able to readily see what you are up to. An investigative attorney or insurance adjuster can go through a lot of trouble to find your profile, but you should make him or her work for it.

Before you delete anything – be it a photo, status update, or even a profile – talk with your attorney about the decision. Believe it or not, deleting anything from social media is akin to shredding important documents. Since social media can be used as evidence in your case, be careful with how and when you post or delete online material.

Anthony C. Gagliano, III, Esquire, P.C. – an experienced, skilled Montgomery County personal injury attorney

When every detail matters, count on Anthony C. Gagliano, III, Esquire, P.C. to stand up for your rights. Our team of legal professionals takes seriously the responsibility to serve each of our clients. To learn more about how we can help you after an injury, contact our office today. We offer consultations free of charge.