The Impact of Social Media on Personal Injury Claims in New York
The use of social media has become common in our society. Platforms such as Facebook, Instagram, TikTok, and others provide new ways to communicate and stay in touch with family, friends, and the wider world. But being active on social media while pursuing a personal injury claim can have adverse consequences. The comments, photos, and videos that you post online may be used to challenge your credibility and discredit your claims.
The Negative Effects of Using Social Media During Personal Injury Claims
Social media platforms are powerful tools for connecting with others. But online posts, pictures, and videos may be taken out of context to contradict your statements or claims in a personal injury case and ultimately cost you money.
Before posting anything online after an accident, consult an experienced Queens personal injury lawyer who can provide the guidance and legal knowledge to protect your rights throughout the claims process.
Social Media’s Negative Impacts on Personal Injury Claims
After an accident, staying off social media is essential until you resolve your claim. Any comments, photos, or videos you post on social media may serve as evidence in court. When gathering evidence, insurance companies and lawyers may search social media accounts for evidence that suggests you are not as seriously injured as you claim or that the accident was your fault.
For example, suppose you post pictures of yourself attending a concert with friends days or weeks after your accident. In that case, the insurance company might argue that the photos demonstrate that you are not as injured or traumatized as you claim.
Similarly, suppose you post pictures or videos of yourself performing certain physical activities like running, hiking, or traveling on vacation. An insurance company could argue that your injuries are not as limiting as you claimed. Even if you make posts completely unrelated to the accident, the opposing lawyer or insurance company could still use them against you in court.
Social media posts have played a role in many injury cases. Courts have ruled that some online posts are admissible evidence.
Even if you believe your posts are private and secure, courts have determined that certain online information is not privileged and can be made public in a court of law. Anything you post online may be obtained and used to question your credibility and minimize or deny your claim. It’s essential to think twice before sharing anything online.
Prejudice
Social media posts can also introduce prejudice in a personal injury case. Insurance companies may use claimants’ online posts to discredit them and their claims. For example, insurance companies could use social media updates, photos, or videos to show that claimants engage in activities that paint them in a negative light.
Additionally, any information on social media could be used against you. This can be especially damaging if a post contains inflammatory comments or images. It is best to take an extended break from being active on social media until you resolve your personal injury claim.
Privacy
Commenting on your claim on social media can compromise your privacy and confidentiality. Even if you delete a post, the other side could still access it with a subpoena and present it in court as evidence.
Something as simple as a photo of a family vacation or a post expressing your joy at returning to work could serve as evidence that your injuries are not as severe as you claimed. That’s why you must stay mindful of what you post online when you have a personal injury case.
In Conclusion: When You Don’t Need to Use Social Media?
Limiting your social media use when filing a personal injury claim is a good idea. Staying off of social media altogether is an even better idea. Posting on social media can have severe consequences for your case. If avoiding all social media isn’t a realistic choice, be sure not to post anything personal. Do not accept friend requests from people who you do now know. One may be an investigator seeking to monitor your social media activity. Limit yourself to liking or sharing other people’s content.
The safest option is to lock down your profiles and stop posting until you resolve your claim. It’s also good to caution friends and family about what they say or share about you online. Their posts could appear in court, too. It is always best to err on the side of caution and refrain from using social media when you have a personal injury claim. If you have questions about social media usage while in a personal injury lawsuit, you can get reliable answers from a personal injury attorney in Queens.
Get the Help You Need from Our Experienced Queens Personal Injury Lawyers
If you have grounds for a personal injury claim, the proper legal representation can increase your chances of obtaining the compensation you need for your losses. At The Tadchiev Law Firm, P.C., our injury attorneys are highly experienced and ready to guide you through the legal process from start to finish.
Our team of Queens personal injury lawyers has the knowledge and experience to build a strong case on your behalf. We offer our clients personal attention and aggressive advocacy in our pursuit of maximum compensation on their behalf. We don’t charge a legal fee unless we secure compensation for you. Our clients don’t have to worry about the expense of standing up for their rights.
Ready to find out what an experienced Queens personal injury lawyer can do for you? Then contact us today for a free legal consultation and learn what your case could be worth.
About the Author
Boris Tadchiev
Boris Tadchiev is the founding partner at The Tadchiev Law Firm, P.C. He focuses his practice on advocating for the rights of individuals and families in personal injury cases involving motor vehicle accidents, premises liability, and wrongful death. He also represents healthcare providers in complex no-fault arbitration claims.