We live in an era where people feel the need to share every detail of their lives. However, social media presence might be detrimental to your personal injury case. The defendant’s insurance company can use the information you post to minimize your claims and reduce settlement.
Most personal injury attorneys advise clients to stay off social media after filing a case. This essentially helps to protect your case. Keep reading to discover how careless social media use may lead to lower compensation.
Inconsistency in the Plaintiff’s Story
What a plaintiff posts may contradict the statement they gave after an accident. An innocent Instagram story narrating your version of events may vary slightly from what you shared with the insurance company. Insurers use this to establish inconsistencies that can negatively impact your claim.
You May Not Appear as Injured
There is data that a social media user spends roughly 2 hours and 20 minutes browsing different social media sites. Additionally, about 68% of Facebook users log in to the site daily. These statistics show how often people post and interact with what others upload. Several posts are of people engaging in simple activities like going to the gym or hiking.
A careless post of a plaintiff smiling while on a walk after a claim could depict that their life didn’t change as much as they claimed it did. Another example is lifting a baby or heavy furniture after a neck and back injury.
Since you can’t know who engages with your posts, it is best to stay off social media. Also, your friends and family members should not tag you in anything that could affect your claim.
Spoilation of Evidence
Deleting posts after an accident can be deemed a spoliation of evidence. A plaintiff may feel the need to remove older posts that could negatively portray their character. The court could view this as intentionally altering information connected to the case.
Personal injury lawyers should guide clients in preserving their social media accounts while the settlement process is underway.
Breach of Confidentiality
Personal injury settlements, especially from big companies, often come with a confidentiality agreement. Such clauses protect the defendant and prevent the plaintiff from filing additional lawsuits.
It ensures that information about the case, such as witness statements or compensation, remains private. This could include the amount offered and liquidation clauses.
Breaching confidentiality by carelessly disclosing the settlement leads to penalties. This is often losing the entire compensation. Before signing a confidentiality agreement, consult an attorney to understand what is included and what is not.
How to Prevent Careless Use of Social Media
Here are some tips to stay careful on social media while waiting for a personal injury settlement.
- Avoid accepting unknown friend requests. Insurance companies may use pseudo accounts to access your social media if it’s private and collect incriminating evidence.
- Don’t post derogatory comments about a defendant or insurance company.
- Stay away from sharing recovery and injury updates.
- Don’t rely on privacy settings. Courts can order you to disclose private social media information, which could affect your settlement.
- Ask your friends and family to avoid sharing anything that could damage your case.
- If possible, stop using social media until you receive your settlement.
Conclusion
Social media is an integral part of our lives. However, knowing the limitations of what you share will help you get a fair settlement in a personal injury case. As mentioned, avoid posting anything the defendant’s counsel can use as evidence against you.
