Social Media and Your Case

How can social media hurt my personal injury case?

Social media can affect your personal injury case by giving insurance companies a reason(s) to reduce or even eliminate your settlement – free of charge! In the past, insurance companies would hire private investigators to ensure that you weren’t doing anything out of the scope of your ability due to your injury. Now, more often than that, they can scan your social media profiles and obtain all of the information they need. And this is not exclusive to your profiles, but your friend and family’s as well. In Pennsylvania, New Jersey, and many other states, what you post on social media can and will be used against you in a lawsuit.

If you are claiming an injury that prevents you from doing certain activities, your social media profile cannot contradict that. Every case is unique, but personal injury cases can be destroyed by one post on social media. For example, if your neck or back were injured in an accident, but Facebook is showing a recent photo of you out dancing or playing basketball, insurance companies can access this information and use it against your personal injury case.

In Pennsylvania and New Jersey, the things you post on social media can be used against you in a lawsuit. It’s even possible for a court to order that your account information and password be released for further investigation. If you’re on social media and in the middle of a lawsuit, here’s what you can do to protect yourself – and your personal injury case.

• Stop posting or interacting on social media. This includes “liking,” commenting, or uploading information in any way. Even a simple statement like “I got in accident. We’re fine” can get misconstrued by the insurance companies to try to prove you have suffered no injury.
• Don’t take “selfies” or group photos.
• Don’t accept any friend requests or messages sent through social platforms unless you know the individual personally.
• Don’t download, access or utilize any insurance company apps or websites.
• Don’t permit friends or family to take photos of your injuries, unless requested by your lawyer. Avoid them tagging you in photos, too.
• Don’t allow friends or family to talk about your case or injury on social platforms.
• Don’t participate in any blogs, chats or message boards.
• Don’t send any kind of electronic communication (emails, texts, instant messages, etc.) about your injuries to anyone but your lawyer.
• Don’t delete anything that already exists on your social profiles.
• Don’t deactivate or suspend any of your social media accounts.

To keep your case safe, always ensure the privacy settings are set to the highest degree on all of your accounts, and think before you post, comment or upload any kind of communication.

If you have questions or wish to discuss how social media can impact your personal injury case, contact Flager & Associates, PC at 215-953-5200 today.

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