How Social Media Can Affect Your Personal Injury Claim
Social media is everywhere — it’s even become a lucrative career for many people. From sharing updates about their family life to scrolling through funny videos, most people are active on social media almost daily. If you’ve recently been in an accident, though, posting updates about how you’re healing, details about what happened, or even taking a dig at the other party involved is a definite no-no.
Your Colorado personal injury lawyer may have already told you to stay off social media – but why? Even if you think you’re being private or low-key, your social media posts could end up being a serious piece of evidence against you in a personal injury suit.
Unintended Consequences of Sharing Accident Updates on Social Media
We all know those people on social media who overshare, but if you share details about an accident you were in or a claim you filed for damages, the fallout is more than just embarrassment. The defendant, (usually its insurance company or lawyer), may be monitoring your Instagram, TikTok, X, and other socials for evidence that you’re not hurt as badly as you say you are.
Some of the information that you share may seem innocent enough, like a photo of a wrecked car or details about how badly you’re hurt. Be careful about conversations you have online, though. Anything that you say or post publicly, even on a private social media account, could be used against you in a personal injury claim.
Be careful about scrubbing your socials, though. In some cases, deleting or editing your posts after an accident could be construed as destroying evidence in the civil case.
Common Pitfalls in Social Media Usage After an Injury
Some of the most disastrous ways social media can harm your lawsuit for damages include:
Posting about your accident or injuries. Your medical records will be a valuable part of the evidence in your claim, and copies of your post-accident exam and treatment are usually given to the other party during the discovery phase of the trial. The defense may compare the records with your social media posts. If you’re posting pictures or status updates inconsistent with the injuries you claim happened in the accident, then the other side may reduce their settlement offer.
Sharing activities inconsistent with claimed injuries. You’re eligible to claim damages for lost wages and diminished earning capacity as part of your claim, as well as compensation for a loss of quality of life. But, if your social media shows you at work or being active, like going out to a party, riding a bike, or on vacation, then it may be easy for the other lawyer to claim that you’re faking your injuries. And, if you were hurt on the job and claimed that you could not work but post photos of you running a 5K or going to Elitch Gardens, for example, you may have just torpedoed your claim for lost wages.
Discussing the case or legal proceedings online. You may not be under a formal “gag order” from the judge in your civil action, but it’s probably best not to post about how your case is proceeding to all your online friends and followers. You may unwittingly disclose things your lawyer doesn’t want the other party to know about, or your posts may be compared against your deposition or other formal statement to make you look like a liar or otherwise unreliable as a witness.
Friend requests and interactions with opposing parties. Have you noticed an influx of new friends or follow-up requests after filing your personal injury lawsuit? Be wary — these may be plants from the opposing party, deliberately trying to gain access to your private, friends-only posts or even trying to DM you for information that the other party’s lawyer could use against you. Don’t accept new friends or followers until your case concludes.
Limitations of Privacy Settings on Your Socials
You can restrict your socials or temporarily suspend them while your case proceeds. The defendant’s lawyer can’t use your words or photos against you if you aren’t posting anything. Even if you have your Facebook, Instagram, X, and TikTok set to private and aren’t accepting new followers, there’s still a chance that your information or posts can be leaked.
The higher your claim’s value, especially if the defendant is a powerful opponent, like a healthcare facility or commercial food or beverage manufacturer, the more likely the defendant is to do a lot of digging on you, especially your social media.
Social Media Evidence in Court
Public social media posts may be used as evidence in any Colorado court case. If you post publicly, then a judge may reasonably rule that you have no expectation of privacy for the words or pictures; therefore, these can be admitted as evidence.
Even posts you make that are just visible to friends or followers (“private”) may still be used by the other party as evidence in your case. During the discovery phase of the trial, when both sides exchange information and evidence, the defendant’s attorney may request copies of everything you posted online from the time of the accident until the present.
As long as the evidence that the other party presents follows Colorado’s Rules of Evidence, then just about anything you post socially may become part of your case.
Be wary about manipulating your case through social media to appear even more injured than you already are. It’s probably better to follow your lawyer’s advice about what you can and cannot post or how long you should take a social media break while your case progresses. Even if you aren’t specifically talking about the claim or your injuries, you may inadvertently give inaccurate information that could hurt your cause.
Do You Need Help After an Accident?
Zealous Personal Injury Lawyers Working for You
If you’ve been hit by another driver, bitten by the neighbor’s dog, hurt at work, or slipped and fallen at your local King Soopers, you may have a personal injury claim. The experienced Colorado personal injury attorneys at Earl & Earl, PLLC, support your right to demand full and fair compensation after the accident. Call us today for a free initial consultation!