Social media has become a double-edged sword for personal injury cases. While these platforms are great for staying connected with family and friends, they also present hidden risks for those pursuing legal claims.
What you share online can be used against you by insurance companies and defense attorneys eager to reduce or deny your compensation. From posts that contradict your injury claims to comments that undermine your credibility, social media activity provides powerful ammunition for the other side. Working with the lawyers of Goza & Honnold ensures your rights remain protected throughout your personal injury claim.
How Does Social Media Affect Your Personal Injury Case?
While social media is great for staying in touch with loved ones, what you post online may have serious consequences for your claim, including the following:
Undermining Your Claims
One significant risk is posting content that contradicts your injury claims. For instance, if you assert that your injuries are severe and cause you considerable pain but then share photos of yourself enjoying a beach outing, insurance companies can use those images against you. Even if the outing was meant to lift your spirits, defense attorneys are adept at twisting social media content out of context to weaken your case.
Disclosing Medical Details
Sharing updates about your medical condition on social media can also harm your case. Even a seemingly harmless post about your treatment can reveal details that downplay the extent of your injuries. It’s best to avoid posting anything about your health, as it might be used to devalue your claim.
Posting Inappropriate Comments
Inappropriate or negative comments related to your case can damage your credibility. Remarks about the accident, the involved parties, or the legal process might seem harmless to you but could be leveraged by the opposing side to cast doubt on your case. To protect your credibility, avoid discussing your case on social media altogether.
Providing Evidence to the Defense
Social media can inadvertently supply evidence for the defense. If you post images, videos, or statements that conflict with your version of events, it could work against you. Remember, anything you post is potentially available for use in court, so it’s wise to steer clear of social media until your case is resolved.
How Social Media Is Used in Personal Injury Cases
Social media plays an increasingly important aspect of personal injury cases, becoming a key resource for lawyers and insurance companies. As more people share aspects of their lives online, accident victims should be aware of how these platforms are used to gather evidence and investigate claims:
Social Media Investigations
Lawyers and insurance companies often conduct thorough social media investigations on accident victims to find evidence that could weaken or dismiss their claims. Almost anything posted on social media can be used against you.
Surveillance
In addition to monitoring social media, private investigators may be hired to track the victim’s daily activities. If you claim you’re unable to work or engage in certain physical tasks but post evidence to the contrary, this information may be used to challenge your credibility and the validity of your personal injury claim.
Witness Social Media Accounts
It’s not just the victim’s accounts that are scrutinized — lawyers and insurance companies also look into the social media profiles of any witnesses. They seek evidence or connections between witness statements and the case. This could include verifying a witness’s location based on their social media activity to determine if their testimony is credible.
Posts by Friends and Family
Lawyers and insurance companies also monitor posts from those close to the victim, including friends, family, and colleagues. Posts where others tag or mention the victim could inadvertently reveal information harmful to the case. It’s essential for accident victims to ask those around them to avoid posting anything about the incident and to decline friend requests from unknown individuals.
The Impact of Social Media on Jury Perception
Social media has changed how jurors view and interpret personal injury cases, influencing their opinions in ways that may affect the outcome.
Juror Bias
Jurors can easily access social media posts and other online content related to the case, which might expose them to biased or irrelevant information. For example, a juror could come across a post discussing the accident that isn’t admissible in court, leading them to form opinions based on unofficial details.
Perception of Plaintiffs and Defendants
Jurors might view a defendant’s social media posts as signs of guilt or negligence, even if unrelated to the case. Similarly, a plaintiff’s online activity can be misinterpreted as evidence regarding the extent of their injuries, influencing the jurors’ decision.
Speak With the Personal Injury Lawyers of Goza & Honnold
Your online presence can significantly impact the outcome of your personal injury claim. At Goza & Honnold, we emphasize caution when it comes to social media during your case. Posts that might seem harmless can be used to undermine your credibility, challenge the severity of your injuries, or provide evidence that contradicts your claims. Our approach ensures that your case remains strong by advising clients on the potential pitfalls of social media while navigating the legal process.
With a deep understanding of personal injury law and years of experience in handling complex cases, we guide you through every step, from gathering evidence to protecting your rights in and out of court. If you’re concerned about how your social media activity could affect your claim, we’re here to help. Call (913) 451-3433 or complete our contact form for a free consultation.