Posting on social media during a personal injury case can negatively impact the outcome of your case in Morris County, as insurance companies and defense attorneys will carefully review your profiles for evidence that can reduce the value of your claim. Unfortunately, even seemingly innocent posts can be used as evidence against you. For more information, continue reading to learn how an experienced Parsippany, New Jersey personal injury lawyer of The Macri Law Firm can guide you in the right direction.
Why Can Social Media Impact a Personal Injury Claim?
A rule of thumb to follow is that you should avoid posting on social media while your personal injury claim is in the works in Morris County or the surrounding New Jersey communities. This is because it can hurt your chances of winning your case and receiving compensation in a number of ways.
In many personal injury cases, insurers and defense attorneys will often scrutinize the online activity of a victim in the hopes of finding information that can contradict claims of injuries.
Even accounts that are set to private, deleted content, and tagged photos may become relevant during the legal discovery process.
How Defense Attorneys Utilize Social Media Against Injured Victims
Though you may not think twice before hitting post or upload after an accident, the following online activity may be used against you, so you should think twice.
Photos and Videos
- Photos or videos showing physical activity can be used to argue that your injuries are less severe than you claim
- Even old or unrelated videos may be used out of context to minimize your claim or shift fault to you
- Posts related to vacations, exercise, social events, or outings can be used against you
Status Updates and Comments
- Statements regarding your physical condition or pain may contradict formal statements
- Casual comments regarding improvement can be twisted
- Emotional or frustrated posts about the accident can be used as evidence
Tags and Check-ins
- Tagged location can undermine claims about pain, limited mobility, or loss of enjoyment of life
- Friends or family members who tag you in posts can expose you to the defense
How Insurance Companies Review Social Media Activity
Insurance companies often examine online profiles in the same way that defense attorneys do, looking for information that can reduce the overall value of your settlement. You should operate under the assumption that any online account you have is examined by the opposing party.
What Social Media Mistakes Should You Avoid During a Personal Injury Claim?
If you are seeking compensation following an accident in Morris County or the surrounding New Jersey communities, all online activity must be carefully navigated while your case is ongoing. We understand that you may want to use social media as a way to update your loved ones after your accident. But there are other ways to go about this that will not impact your case.
Do Not Post About Injuries
- Posting about your injuries can provide the defense with information to use against you
- Statements made about injuries may be challenged
- Injury-related photos can be misinterpreted
Do Not Post About the Accident
- Revealing details about the accident can negatively impact your claim
- Online statements may contradict official statements in police reports or medical records
- Raising allegations of fault can result in legal complications
Do Not Share Photos, Videos, or Updates
- Posts depicting travels, social gatherings, or physical activity can be used to dispute claims that your quality of life has suffered as a result of the accident and subsequent injuries
- Even smiling in a photo can be used to dispute claims of pain and suffering
Ask Friends and Family to Refrain From Posting About You
- Friends and family may unintentionally impact your claim by tagging you in photos
- Even third-party posts can be used against you
- Privacy settings do not always prevent legal access to accounts
Consider Temporarily Limiting or Freezing Accounts
- Setting accounts to private can reduce public visibility
- Do not accept friend requests from those you do not know
- Temporarily deactivating accounts can help minimize risks during an active claim
Can Deleted Social Media Posts Still Be Used in Court?
Deleting content from your profile may not prevent the post, message, or activity from being used against you in court. In some instances:
- Screenshots of the content may exist
- Accounts may be archived
- Data can be recovered after deletion
It’s critical to understand that deleting social media content can be viewed as evidence tampering, ultimately resulting in serious loss of credibility if not criminal charges. As such, you should not alter or delete content without first consulting an experienced attorney.
Contact Our Morris County Personal Injury Firm
Navigating the aftermath of a personal injury claim in Morris County can be overwhelming. As such, the last thing you want is to accidentally impact your claim by posting something innocuous on social media. That is why it’s in your best interest to connect with an experienced attorney with the Macri Law Firm. Our team will do everything possible to help you fight for the best possible outcome. Contact us today to learn how we can represent you.