Slate's Law Blog Social Media Can Hurt Your Claim: Person Injury Case

Social Media In A Personal Injury Case

When you are planning to file an insurance claim or personal injury lawsuit after a motor vehicle collision, a slip and fall accident, or any other kind of incident that resulted in a serious personal injury, it is critical to think carefully about what kind of information you post on your social media accounts. According to the Pew Research Center, approximately 70% of all Americans currently use social media in some form, and the overall rate of social media use has increased steadily over the past two decades. While social media is used more widely among younger adults, even elderly Americans have begun using social media platforms like Facebook. Almost 50% of adults aged 65 and up use social media in some form, while approximately 75% of adults between the ages of 30 and 64 have social media accounts. Social media posts you make during your personal injury case can hurt your claim.

When you are planning to file an insurance claim or personal injury lawsuit after a motor vehicle collision, a slip and fall accident, or any other kind of incident that resulted in a serious personal injury, it is critical to think carefully about what kind of information you post on your social media accounts. According to the Pew Research Center, approximately 70% of all Americans currently use social media in some form, and the overall rate of social media use has increased steadily over the past two decades. While social media is used more widely among younger adults, even elderly Americans have begun using social media platforms like Facebook. Almost 50% of adults aged 65 and up use social media in some form, while approximately 75% of adults between the ages of 30 and 64 have social media accounts.

All of this is to say that social media is a major presence in many people’s lives, and social media may even be so pervasive that you no longer think about the implications of posting. Yet when you have a personal injury claim in process, you need to consider the potential harms of making certain kinds of posts on your Facebook, Instagram, Twitter, or other accounts.

Social Media Posts Can Harm Your Case

In short, social media posts you make during your personal injury case can hurt your claim. In particular, any type of post that suggests your injuries are not as severe as you have attested in your insurance claim or in your personal injury lawsuit can significantly damage your case. For example, if you have indicated that your injuries are debilitating but you post an image of yourself enjoying a recreational motorcycle or boat ride, that photo can undercut your claim. Similarly, if you have stated that you are unable to work due to your injuries but post yourself engaged in an action that has similar physical requirements as your job, you may not be able to obtain the compensation you need.

Even posting language—as opposed to photos—that undercuts anything about your personal injury case can be damaging, as can posts made by your friends or family members in which you are tagged. Insurance companies may be able to access your social media accounts, and the defense in a personal injury lawsuit also may be able to obtain information to be used against you from your Facebook or Instagram profiles, for instance.

Take Steps to Avoid Social Media Interference With Your Personal Injury Claim

Just because you have certain privacy settings up on your social media accounts should not be a sufficient reason to think you can post freely during your personal injury case. Instead, if possible, you should avoid posting on social media altogether. You might consider temporarily deactivating your accounts.

You should also let friends and family members know to avoid tagging you or identifying you in any posts they may make, as well. It is better to avoid having any potentially harmful information circulate during your case.

Contact a New Mexico Personal Injury Lawyer

Do you have questions about filing a personal injury claim in New Mexico or using social media during your personal injury case? One of our Santa Fe personal injury attorneys can speak with you today. Contact Slate Stern Law for more information.


Leave a Reply

Your email address will not be published. Required fields are marked *

Call (505) 814-1517 • Visit 1701 Old Pecos Trail, Santa Fe, NM 87505

Copyright © 2019 Slate Stern Law • DisclaimerSite by Patrick Iverson