Why You Should Refrain from Posting on Social Media During an Injury Lawsuit

Social media has become a big part of our everyday life. Therefore, many people often do not stop and think about how posting on social media can negatively impact the outcome of their personal injury case. While it is strongly encouraged to take photos, record videos, and write in a journal about your accident, it is never recommended to post any of this information on social media.

Whether you are involved in a car accident, truck accident, or motorcycle accident, you may feel the urge to go online and inform your family and friends about the accident, update them about your injuries and medical recovery, and even vent about the negligent driver who hit you. However, this is a very bad idea that could have serious consequences for your case. The defendant’s insurance company or legal team are likely keeping an eye on your social media accounts to see if there is anything that they can use against you. Their goal is to twist and turn statements you or others make to ensure that they do not have to pay you the compensation you need.

Examples of social media that may be used against you

Different parts of your social media can jeopardize your personal injury lawsuit, such as:

• Your photos and videos: When you post photos or videos at the park or at the bar with friends, the defendant’s insurance company or legal team can use this against you. For example, if you say that you are seriously injured, these photos and videos may be used to show that you are not as hurt as you claim to be.
• Your posts and comments: While you may be frustrated and angry with the driver who hit you, it is never a good idea to go on social media and create a post about them. This can give the opposing counsel an opportunity to attack your character or twist statements you mistakenly make when upset. Even if you write short comments or responses to people, such as “I’m doing well” or “I’m at the beach right now, call you later,” this can be used to show that your injuries are not as severe as you stated.I
• Your check-ins: Check-ins are a fun tool on social media. You can check into different locations and share your adventures with friends and family. However, during a personal injury lawsuit, you should avoid using the check-in tool. While it may seem innocent to check in to certain places like the gym, grocery store, or a sporting event, the defendant’s legal team may use this information to prove that you are still able to do everything you did before the accident occurred.
• Your tags: Even if you are not a person who posts on social media much, your friends and family may tag you in posts, photos, or videos. This means that their posts with you in them may show up on your page. Insurance companies and attorneys can find these posts to show that you were walking your dog with a friend or went to the skatepark with your sibling. While you may have walked very slowly with your dog or never even touched a skateboard at the skatepark, these tags can nonetheless be twisted and turned to fit their narrative
• Your friends’ and family members’ posts and comments: If you do not have social media or do not post much, insurance companies and attorneys may still look at your family member’s posts and comments. Therefore, if your father tells someone that your recovery is going great or your sister posts that you both are at the mall shopping together, this could put your personal injury claim in jeopardy.

Dos and Don’ts on social media during an injury lawsuit

It can be difficult to remember what you should and should not do on social media. Below is a short list of dos and don’ts.

Dos:

• Do think twice before posting anything: Before you hit the post button, double check what you have typed and make sure that it is something that cannot affect your personal injury lawsuit. It is recommended to reach out to a Mississippi personal injury attorney if you are unsure about a post; better yet, avoid posting altogether until your claim is resolved.
• Do make your social media accounts private: Take extra steps to make your social media accounts private. This will prevent people who are not your friends from seeing your posts.
• Do make sure that you know the person before accepting their friend or follow request: When people request to be your friend or follow you on social media, you should make sure you know them before accepting. Insurance agents and defense attorneys may create fake profiles to see the information you post on social media.
• Do consider taking a break from social media: While you may love social media, the best thing you can do is take a break until your personal injury case is over. This may be tough, but it is worth it in the long run.

Don’ts:

• Don’t post about or discuss your injuries or accident: You should never post about or discuss your injuries or accident on social media. When you do this, you may accidentally contradict your statements and testimony, which could make you look like you are lying.
• Don’t think that anything you post or talk about on social media is private or secure from others seeing: Although it is suggested to make your social media accounts private, keep in mind that nothing online is ever truly private or secure. If you accept a friend request from a fake account, your friend engages in a conversation with a fake account, or the defendant requests your messages through a court order, the defendant may be able to gain information to use against you.
• Don’t delete posts you have already made: If you have already made posts that you think could be called into question, you should never go back and delete them. This could make it look like you are hiding information or have done something wrong.

If you have been in an accident and need advice about your social media accounts, the Mississippi personal injury lawyers at Merkel & Cocke, P.A. are here to help. We have over four decades of experience successfully pursuing claims like yours. Please call our office or submit our contact form to schedule your free, no-obligation consultation at one of our offices in Jackson, Clarksdale, Greenville, or Oxford today.