As a general rule of thumb, you should not post online about your injury or the incident that caused it while you have an active personal injury case. Oftentimes, insurance companies will monitor a claimant’s activity on social media platforms and use their posts against them to reduce the value of their case. However, even social media posts not directly related to your case can still harm it, which is why it’s best to stay off social media entirely until your case is resolved.
Here are a few ways insurance companies and defense attorneys have used social media posts against accident victims:
Using Smiling Pictures Against You
Social media and personal injury claims don’t mix. The defendant’s insurance company will take your posts or those of your friends and family out of context and attempt to use them to reduce their liability for your injuries.
For example, if you post a picture on social media where you’re smiling while going, the insurance company may say it shows that you aren’t as injured or emotionally distraught as you claimed. Obviously, this is a ridiculous standard to hold someone to, as you can be injured and still smile for a photo. However, insurance companies will use everything they can to deny or reduce your claim.
Contradicting Your Version of Events
Social media posts can also be construed to contradict your claims. For example, if you claim that your injuries make it hard for you to walk and then post a picture of yourself on a hike, the insurance company will likely take note.
Even posting an old photo from before your injury could harm your case. Insurance companies don’t always argue in good faith and might use old pictures and videos you or your family recently posted to “prove” that you are lying.
Revealing Confidential Communications
It’s important to remember that unless your account is private, your posts and comments are visible to the public, including the defendant’s insurance company. If your account is set to private, you should not accept friend or follow requests from people you don’t know. Insurance adjusters may attempt to gain access to your posts this way.
Undermining Your Credibility
Any social media post can potentially undermine your credibility in a personal injury case. Smiling in pictures, posting old photos from your last vacation, or even replying to family and friends in the “wrong” way can lead to the insurance company attempting to deny your claim or reduce your compensation.
The best things you can do after suffering an injury are:
- Set your accounts to private.
- Refrain from posting on social media until your case is resolved.
- Tell friends and family not to post pictures or videos of you or mention you in posts.
The less you give the insurance company to work with, the better.
Contact Us for Direction with Social Media Use During Your Personal Injury Claim
If you suffered an injury caused by someone else’s negligence in Louisiana, contact The Thibeaux Firm for a free consultation with a respectful and hardworking Lafayette personal injury lawyer. Attorney Omar Thibeaux is the 25% attorney, charging a flat 25% fee for cases where he wins compensation for clients. That means more money back in your pocket when he delivers on your behalf. Don’t wait – call today.
