How Social Media Evidence Can Impact Your Personal Injury Claim
June 14, 2024 in Motor Vehicle Accidents, Personal Injury
Social media platforms like Facebook, Instagram, Twitter, and LinkedIn have become integral parts of our lives. While sharing updates, photos, and thoughts with friends and family is second nature, these posts can impact personal injury claims.
Below, the experienced NYC personal injury attorneys at Sullivan Papain Block McManus Coffinas & Cannavo emphasize the importance of being cautious with your social media activity during the claims process.
Can Social Media be Used as Evidence?
When you file a personal injury lawsuit, your goal is to receive fair compensation for your injuries and losses. However, insurance companies and opposing lawyers are always on the lookout for ways to reduce or deny your claim. One of their most effective tools is social media evidence. Anything you post online can be used against you to question the severity of your injuries or the validity of your claim.
For instance, if you post pictures of yourself at a party or on vacation, even if these activities were recommended by your doctor for mental health reasons, insurance adjusters may argue that your injuries are not as severe as you claim. Similarly, a simple status update about feeling better can be misconstrued to suggest that you have fully recovered.
Social media can be used against you in many ways, including:
- Contradicting Your Claim: If you are claiming severe back pain and post a picture of yourself playing sports or lifting heavy objects, this can directly contradict your injury claim.
- Questioning Your Credibility: A consistent, happy, and active social media presence might be used to question the emotional distress part of your claim.
- Surveillance Tool: Insurance companies sometimes hire investigators to monitor your social media for any evidence that can undermine your claim.
Tips for Managing Your Social Media During a Personal Injury Claim
Taking precautions regarding your social media activity can help protect yourself and your claim. Start by adjusting your privacy settings to make your profiles private, allowing only friends and family to see your posts. However, keep in mind that this is not foolproof, as determined investigators may still access your information. Always think before you post, avoiding any content related to your accident, injuries, or lawsuit, such as updates on your recovery, descriptions of your injuries, or activities that could be misinterpreted. Communicate regularly with your attorney about your social media presence and follow their advice, as they can guide what is safe to share and what should be avoided. Additionally, request that your friends and family refrain from posting anything about your accident or tagging you in posts that could be problematic.
How to File a Personal Injury Lawsuit
The process for filing a personal injury lawsuit typically involves several key steps. First, it is essential to seek immediate medical attention to document your injuries. Next, you should consult with a qualified personal injury attorney who can help you gather evidence, including medical records, witness statements, and any other relevant documentation.
Your attorney will then file a complaint with the appropriate court, detailing the extent of your injuries and the damages you seek. You must avoid any social media activity that could jeopardize your claim during this process. This includes refraining from discussing your case online and being mindful of how your posts might be interpreted.
Social media is a powerful tool that can significantly impact your personal injury claim but understanding how social media evidence can be used against you can help protect your right to fair compensation.
If you have any questions about how to file a personal injury lawsuit or need assistance with your claim, our experienced NYC-based personal injury law firm is here to help. Contact us today for a consultation and let us guide you through the process.
Contact an Experienced NYC Personal Injury Lawyer at SPBMCC Today
Sullivan Papain Block McManus Coffinas & Cannavo P.C. is a reputable, full-service personal injury law firm specializing in various areas. Our dedicated litigation support teams are committed to vigorously representing clients in personal injury cases, 9/11-related illnesses, firefighter accidents, car accidents, construction accidents, premises liability, and medical malpractice across New York City, Long Island, Nassau, Suffolk counties, and New Jersey. Contact us today to learn more about our firm or schedule a consultation with one of our experienced attorneys.