Avoid Social Media Posts That Can Hurt Your Personal Injury Case

Social media has become an integral part of daily life, but it can also be a minefield for individuals with a personal injury claim or lawsuit pending. What you post online can significantly impact your case, potentially weakening your position and reducing your chances of obtaining fair compensation. 

Here are some ways that social media activity can harm your personal injury claim:

• Insurer monitoring — Insurance companies and their counsel routinely monitor social media platforms for any information that could weaken a claimant’s case. Investigators scrutinize posts, photos and videos for inconsistencies with the reported injuries. If you claim limited mobility due to an injury but post a video of yourself engaging in physical activity, this could be used to argue that your injuries are exaggerated or fabricated. A high level of online posting may itself raise red flags, suggesting you have the energy or capacity to engage in behaviors inconsistent with your alleged pain or suffering. Privacy settings do not offer full protection, as posts can be shared or accessed by others unexpectedly.
• Inconsistent depictions of injuries — Defense teams are skilled at using social media content to undermine injury claims. Even casual activities, like attending a social gathering or playing with a pet, might be misconstrued as evidence that your condition is less severe than reported. A smiling picture with friends, for example, might be twisted into an argument that you are not experiencing emotional distress, even though this one moment may not represent your daily struggles with pain or trauma.
• Potential admissions of fault — Posting seemingly innocent reflections or comments about the incident can harm your case. Statements such as “I didn’t notice the other car” or “I was rushing to get to work” can be interpreted as admissions of fault. Once shared, these statements are hard to retract. Defense attorneys may seize on them to challenge your credibility or argue that you contributed to the accident.
• Posts by others — Even comments or posts by friends and family can create complications. For instance, a friend remarking, “It wasn’t entirely their fault” or “I told you to slow down on that road” can be used to challenge your account of the events leading to the injury. Similarly, older posts about your lifestyle, driving habits, or physical health could be dug up and presented as evidence to discredit your claims.

It is often best to avoid posting about the accident, your injuries or your activities altogether during the course of your claim or lawsuit. To safeguard your interests, seek guidance from your personal injury attorney on what is appropriate to share online. Your attorney can help you avoid social media missteps that could undermine your case. 

The law firm of Pulverman & Pulverman, LLP in Santa Barbara helps win compensation for accident victims throughout the California Central Coast area. Call us at 805-962-0397 or contact us online to schedule a free consultation.