The Role of Social Media in Your Personal Injury Claim

A serious personal injury accident can upend your life from one moment to the next. You may be facing a difficult medical prognosis, emotional trauma, and significant financial hurdles. If your accident was caused by someone else’s reckless or negligent actions, you may well be tempted to post about your losses on social media. 

Understandably, you want your friends, family, and others to know what you are going through. That said, your social media posts and online presence, in general, can have a significant impact on the outcome of your personal injury case. Even a seemingly innocent post could derail your chances of resolving the claim in your favor. 

When pursuing a personal injury claim, an experienced injury lawyer can advocate on your behalf and guide you through every step of the legal process — including protecting you from any social media missteps. The legal team at Johnston Personal Injury Law Firm is adept at handling all manner of personal injury cases and well understands how social media can influence the court’s decisions.

Don’t let social media harm your case. Call Johnston Personal Injury Law Firm or fill out our online contact form for a free consultation. Our caring and dedicated Portland injury lawyers know exactly how to help.

The Negative Impact of Social Media on Personal Injury Claims

In all personal injury cases, sound evidence is needed to settle the claim successfully. Under the Oregon Evidence Code, Rule 402, evidence is admissible in court when it is found to be relevant, authentic, and reliable. This can include any posts or comments made on social media.

What’s more, insurance adjusters commonly review the online presence of accident victims to find anything that may undermine their personal injury claim. More and more frequently, social media posts wind up damaging valid personal injury cases. It is crucial to recognize that social media content can be easily misinterpreted or taken out of context — to the detriment of your claim.

Social media posts may contradict your claim

One of the most common ways in which social media can harm your case is through posts that appear to contradict the severity of your reported injuries. For instance, if you are claiming debilitating injuries but post videos or pictures on the internet of yourself engaging in physical activities or traveling, the opposing party will likely argue that you are exaggerating or even falsifying the extent of your injuries.

Many people use social media to highlight happy moments in their lives, yet even a simple post of you smiling at a social event could be used to argue that you are not really experiencing the emotional pain you’ve described in your claim. Sadly, in the context of a personal injury claim, such snapshots can be taken out of context and used to paint an inaccurate picture of your overall condition.

Social media posts may damage your credibility

Credibility is key in any personal injury claim — insurance companies and courts need to find you believable. Certain posts, even those unrelated to your injury, can damage your credibility in the eyes of the judge and jury.

For instance, a friend could inadvertently post a picture or tag you in a location that contradicts your testimony, thus raising doubts about your honesty. Additionally, posts that show you engaging in reckless behavior or using illegal or questionable substances can mar your character and prejudice others against you.

Social media posts may be used as an admission of fault

Social media posts or comments can be interpreted as an admission of fault or liability in some cases. Accident scenes can be stressful and emotionally charged. It’s not uncommon for the individuals involved to quickly take to the internet without considering the consequences of what they post.

However, if you haphazardly post a picture of your car accident on social media and write “I didn’t see the stop sign!” in the comments, this can be interpreted as an admission of guilt. Even a more ambiguous statement can potentially be twisted to imply your liability for what happened.

Use Discretion With Social Media After an Accident

Using social media with discretion after an accident will help protect your personal injury claim. There are a number of actions you can take regarding your online presence to minimize the risk of jeopardizing the success of your personal injury case.

Don’t post about the accident

It is inadvisable to share any details about your accident, injuries, or legal proceedings on social media. Posting details about the incident can put the narrative of what occurred in the hands of others once legal proceedings begin. 

We cannot overstate the risk, so we will say it again: Seemingly casual online admissions about the accident or your recovery could ruin your case. 

Avoid posting photos or comments about your activities

Posting pictures, videos, or comments about your daily activities may seem harmless enough. However, after an accident, such posts could point to a quality of life that is inconsistent with your serious injury claims.

If, in the initial aftermath of the accident, you made social media posts that you now regret, it may be tempting to delete them. This is likely not in your best interests. 

Deleting social media content in the midst of a legal claim could indicate that you were untruthful or have something to hide. In some instances, there could even be legal repercussions.

Hold back from discussing your employment online

Personal injury claims oftentimes involve compensation for lost wages if the victim is unable to work for a time or is disabled as a result of the accident. If you discuss work online, the defense may challenge the authenticity of your claims related to lost income or your ability to return to work in the future. 

So don’t discuss your employment or income-related activities online. Posts showing your involvement in any kind of work or business venture can diminish your compensation amount.

Update your social media privacy settings

It is a good idea to adjust your privacy settings across social media platforms when you are in the middle of a personal injury claim. Privacy settings can limit who can view your posts and personal information, even among your friends or followers. Nonetheless, privacy settings have limitations, and anything posted to the internet may have unintentional consequences.

Additionally, be careful about accepting new friend requests and followers. Insurance companies or the opposing legal team may attempt to view your profile and gather information by creating fake social media accounts. 

Make sure your friends and family understand the potential impact of their posts

It’s not just your own posts that can negatively impact your personal injury claim. Interactions with family and friends on social media can also play a role in how things turn out. In fact, defense attorneys are skilled at piecing together narratives from multiple social media accounts.

The insurance company and defense team will likely scrutinize such things as:

• Responses to wellness checks: A friend may kindly comment on your post asking how you’re feeling. If you reply with something like “All is well now!”, this simple exchange could be misinterpreted as evidence that you have fully recovered. 
• Tags and shared content: The other side will examine any social media content that you are tagged in or that others share about you. This means that a friend innocently sharing a happy picture of you at a party or on a coffee date could be used to challenge your claim.
• Third-party comments: Even if you’re cautious about what you put on social media, well-meaning friends and family may post comments on your profile that unintentionally reveal information that conflicts with your injury claim.

You can’t control what others post on social media. Yet, you can make your friends and family aware of the risk of anything they say online being misconstrued or taken out of context. Ask your friends and contacts not to include you in their posts or tag you until your personal injury case is over.

Avoid social media altogether

Many personal injury victims choose to avoid social media completely while their injury case is ongoing. Temporarily deactivating your accounts will help to ensure that no posts, tags, comments, or other online interactions jeopardize the success of your claim.

Contact a Personal Injury Lawyer at Johnston Personal Injury Law Firm for Trustworthy Advice

A serious personal injury accident can cause untold pain and suffering. While trying to navigate the insurance claim process and make a full recovery, the impact of social media on your claim may be the last thing on your mind. Yet, it is something that anyone involved in an accident should be aware of. 

At Johnston Law Firm, we understand the nuances of social media and personal injury claims. Our legal team will diligently work with you to minimize the risk of any social media content compromising your personal injury claim. 

The founder of our law firm, Marc A. Johnston, has dedicated his career to helping injured Oregonians get the restitution they deserve after being hurt due to someone else’s negligence. We are here to answer your questions and fight for the best possible outcome in your personal injury claim — while advising you as to your social media presence throughout the process.

Please don’t wait to get the help you need today. Call Johnston Personal Injury Law Firm or fill out our online contact form for a free, confidential case evaluation. A member of our legal team is standing by to hear your story.