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After an Accident: How Social Media Can Impact Your Personal Injury Claim

Posted on behalf of Arnold Law Firm in
sharing to social mediaSocial media posts can seriously jeopardize your personal injury claim or the possibility of a fair settlement. Details provided about your case may become potential evidence for the defense attorney or insurance adjuster. No matter how harmless your comments and photos may seem, anything you post online may be twisted and used against you. It is important to know what can harm your claim and what you should avoid posting. At the Arnold Law Firm, we educate our clients on the negative impact that social media can have on their claims and recommend refraining from using social media until after the case is fully resolved. Below is information about the risk of using social media and how to reduce social media’s impact on your case. We can answer any additional questions you may have on protecting your claim and obtaining the compensation you deserve during a free consultation.

Social Media and Your Right to Privacy

No matter how much care you take in protecting your privacy, anything you post, comment on, or upload on social media can become public. The opposing legal counsel can use this content against you to deny or devalue the claim or settlement. Even posts made by friends or family involving your or regarding your personal injury can become part of an argument against fair compensation. Some posts may share details about activities after the accident that can have a negative impact on your claim, such being tagged in a photo of you smiling in a group or appearing to engage in physical activity after an injury. Any posts can be taken out of context to downplay your injuries, even if you were trying to be careful about what you post.

How Social Media Can Harm Your Claim

Defense attorneys and insurance adjusters seek reasons to deny or devalue your personal injury claim. This includes demonstrating that you were at least partially at fault, that your injuries are not as serious as you suggest, or that you are making up your injuries altogether. The insurance company searches for evidence on social media that supports any of these theories and uses these posts to manipulate and even discredit you. An insurance adjuster may go back several years in your online profile to uncover evidence of a pre-existing injury so that he or she can claim that your injury was due to a previous accident. Any comments that you make or photos featuring you that suggest that you may be feeling better can be used to claim that you are exaggerating your injuries. This includes details online that challenge your version of events that you reported to the police and to your personal injury lawyer.

Protecting Yourself on Social Networks

There are several ways to reduce the impact of social media posts on your personal injury claim while your case is pending, including:
  • Adjust privacy settings
  • Refrain from mentioning the accident
  • Don’t post anything that can directly harm the case itself
  • Interact online with trusted contacts only
  • Don’t respond to anything about the accident
  • Don’t let the public view any posts

What to Post Online

If you must participate in social media, it is important to only share subjects not associated with your accident or injuries. New photos or videos cannot include anything related to your case. Ask friends and family to only involve you in posts and comments that reflect normal daily living. All comments should be restricted to standard topics that have no connection to your claim, your injuries, or other information that insurance adjusters may be trying to use against you.

What Not to Post Online

Refrain from posting pictures, content about the accident, or information about any activities you participate in. When in doubt, do not post it! Even seemingly harmless content can be problematic while you while you are pursuing a personal injury claim, including pictures or comments that show you:
  • Smiling
  • Participating in activities that might aggravate injuries
  • On vacation or traveling
  • Having an active social life

Contact a Lawyer Now

If you were injured in an accident, contact the Sacramento personal injury lawyers at the Arnold Law Firm for help with your claim. We can further explain how social media can impact your case. We want to preserve your claim for fair compensation. Contact us today for a free case evaluation. We do not charge any upfront fees for our services. We only get paid when your claim is successful.

Call (916) 777-7777 now. We look forward to helping you.

Settlement - $3,767,000

Truck Accident

A 20-year-old man who had been married for just 12 days left home on his way to work. He was driving on Pleasant Grove Road in Sutter County in the early morning when he came upon a slow-moving truck. As he pulled out to pass the truck, the truck driver turned left in front of him. The young man attempted to steer back into his lane but his vehicle struck an un-flagged piece of metal extending from the back of the truck. He died in the resulting crash.

Expert witnesses brought in by the Arnold Law Firm proved that the truck, owned and operated by a hauling firm, should never have been on the highway that morning. Specifically, the rear and side turn signals did not work and the rear-view mirror was in a poor state of adjustment at the time of the collision. As a result, the driver, who had failed to properly inspect the vehicle before setting out that morning, couldn’t see the young man’s vehicle as it attempted to pass.

The poor condition of the truck, its lack of maintenance and the manner in which it was operated were found to be substantial factors in causing the collision that killed the young man. The testimony also established that the man had been making a lawful pass at the lawful speed limit and acted reasonably when he attempted to avoid the collision.

The man’s 20-year-old widow was awarded $3,767,000.77, his parents were awarded $185,131 and the family was reimbursed $11,899 in funeral expenses. Though money is a poor substitute for a young man’s life, this verdict demonstrates that drivers who endanger the lives of others will be held accountable for their actions.