How Social Media Hurts Your Personal Injury Claim
Social media can be a great outlet for people to share the latest events and aspects of their lives. It is a fantastic way to keep in touch with friends, family, and colleagues. However, oversharing information after a serious injury can bring big trouble for your injury claim.
If you have social media accounts, such as Facebook, Twitter or Instagram, you need to be cautious about what you post and how you convey information if you have been injured in an accident. At Benoit Law Firm, we’ve had several clients ask about how social media use can hurt your claim after an accident. In this post, we’ll discuss how social media can hurt your injury claim and the steps you can take to reduce the risks.
Why Does It Matter, If I Post on Social Media?
In order for your claim to be effective, it must prove another party was negligent or responsible for causing the accident. Unfortunately, an injury claim can be influenced by factors that occur after an accident, including information you post on social media accounts. An insurance adjuster looks for evidence to limit the claim or prove no-fault for his or her client.
This is one of the first places they’ll look about is social media. They’re looking for any type of evidence that contradicts your claim. For example, if you claim to have suffered a broken leg injury, but days after the accident you post a picture of yourself running a marathon, this can be used at trial to question your character in front of a judge and jury.
In the event a case goes to trial, social media can be used to discredit the credibility of your claim, which could limit compensation for medical expenses, lost wages, and so on. Oversharing on social media is particularly important in states like North Carolina, which follows contributory negligence rules: when an injured person shares one-percent of fault, contributory negligence leaves that person with no chance to recover compensation for any losses stemming from the accident.
If you, for example, share that you had been doing drugs or drinking the night of your accident, this fact could undermine your entire claim. To ensure you get the best outcome, it’s best to avoid posting anything on social media throughout the entire claims process. This includes videos, pictures, tweets, updates, blogs, and other shared content.
How Can You Protect Your Claim?
Pictures are worth a thousand words. Avoid posting pictures, videos, updates and tweets of you doing anything that may hurt your case. Insurance adjusters and defense attorneys are going to scrutinize every aspect of your profile and your postings. If you sustained a neck injury from a car accident the night before, you should not be participating in triathlon and you definitely should not be posting pictures of it.
It’s important to not talk about your claim over social media. All it takes is a few videos, pictures or misjudged words to incriminate yourself. For example, your arm may be feeling much better one day so you post about it. The next day, you can hardly move your arm again but you have given them ammunition with your previous post. In order to avoid making yourself into your own worst enemy, keep your injuries between you, your personal injury lawyer, and your doctor.
Investigators sometimes look for preexisting injuries through posts. Perhaps you posted something about your past back problem that is contributing to your new injury. Have you heard the saying that some things in your lives are best left in private? Well, a preexisting injury is one of them if you have a personal injury claim. Under any circumstances, you should never post any information affiliated with money towards your case.
This is important for one it is a safety issue. Secondly, you can make yourself seem inconsiderate, greedy, or just in it for the money. These issues can all raise red flags in your case so it is based to avoid them altogether.
Stay Informed. Be Prepared
If you’ve been injured in a car accident in the Charlotte area, please call Benoit Law Firm or #TEXTDEX 877-DEX-LAW9 (877) 335-5299. Our team of experienced injury attorneys and dedicated staff will ensure you get the answers you need and help you through this difficult process.