What to Know about Social Media and Personal Injury Claims?

Dawn Pinnisi

May 7, 2024

After you’ve sustained an injury due to someone else’s negligence, you can seek compensation from the at-fault party’s insurance company. However, the insurer is likely to put up an intense fight to avoid paying you the injury-related compensation you deserve. Their fight-back strategy may lead them to your social media accounts, searching for anything to dispute your compensation claim for injury-related losses.

Sudden accidents and serious injuries are traumatic and major events in our lives. It is natural to want to share such major occurrences with your friends and family online to keep them informed of your situation. While it may be tempting to share the details of your accidents or injury on Facebook, Instagram, or TikTok, it is recommended to pause before doing so.

First, always consult a trusted Paramus, NJ, personal injury attorney. They can advise on what to do or not to do on social media while your personal injury claim is pending.

Can Social Media Ever Help a Personal Injury Claim?

While it may be tempting to document every aspect of your life on social media, it is important to exercise caution when pursuing a personal injury claim. Insurance companies and defense attorneys are increasingly using social media as a tool to gather evidence and undermine the credibility of claimants.

This does not mean that social media is always negative for personal injury victims. Social media platforms have become an invaluable resource for seeking recommendations and connecting with professionals in various fields, and personal injury law is no exception. Utilizing social media can be a powerful tool when it comes to finding a skilled and reputable personal injury attorney.

In addition to seeking recommendations, social media platforms allow you to learn more about attorneys and their areas of experience. Many lawyers and law firms have professional profiles on platforms such as LinkedIn, where they showcase their background, experience, and practice areas. This can give you a glimpse into their qualifications and help you assess whether they might be a good fit for your personal injury claim.

Social media can be a valuable tool when it comes to seeking personal injury attorney recommendations. Remember to exercise caution and do your own research before making any final decisions. Further, avoid discussing anything further regarding why you need a lawyer on social media, as this might affect your claim.

How Social Media Posts Can Hurt Your Personal Injury Claim?

Many people believe that certain social media posts are harmless when insurance investigators might find ways to twist the information around against the injury claim.

Venting About the Accident on Social Media

It is expected for a personal injury victim to feel frustrated, stressed, or overwhelmed after a car accident. As a result, you may express your frustration to your online community.

Expressing your accident-related sentiments on social media is never advised since what you feel now could create a false narrative. If you make a hyperbolic claim about the accident, the insurance company might use these exaggerated statements to claim you’re dishonest and can’t be trusted. If you are exaggerating what happened on social media, it is possible you are exaggerating your injuries to the insurance company. Whether true or not, it can cause problems with your claim.

Creating New Posts While Your Lawsuit Is Active

Social media is often accessible to the public, which makes it possible for an insurance adjuster to understand what’s happening in your life. Even if you believe you have strong privacy settings, investigators might access your profiles through mutual connections or other means. Never assume that private means private.

Suppose an insurance adjuster comes across a picture of you at a family picnic a week after a car accident, playing with your children outside in a cheerful mood. Although your family pictures do not dispute your injury, an insurance adjuster may take it out of context to claim you are not in pain and have no limitations from your injuries.

Even posts that are unrelated to your accident can cause obstacles with the insurance claim process, so it is best to take a social media hiatus during your case.

Sending Private Messages About Your Case

In addition to making public posts, DMs or private messages could jeopardize your case. Anything you share online, including private messages, isn’t 100% secure. Courts have previously ordered plaintiffs to hand over their social media usernames and passwords to enhance investigations.

What Kind of Things Will an Insurance Company Look Out for on Social Media?

It’s important to be aware of what kind of things insurance companies will be looking out for on social media.

Photos

Photos of you on vacation, working, or seemingly enjoying life as usual can potentially impact your personal injury claim. Insurance companies may argue that if you are able to undertake these activities, it means that your injuries are not as severe as you claim them to be. Similarly, any statements that go against the narrative of the accident you gave to insurers might be used against you to undermine your credibility.

Check-ins

Another thing insurance companies will scrutinize is your social media check-ins to different restaurants or events. They may argue that these check-ins demonstrate that your injuries do not restrict your life as much as you’ve claimed. It’s important to be mindful of what you share on social media during this time.

Remember, your social media presence can have a significant impact on your personal injury claim. Stay cautious, be mindful of what you post, and seek the assistance of a knowledgeable New Jersey injury attorney for guidance throughout the process.

Recommendations on What to Do While You Are in an Injury Lawsuit

Being involved in a lawsuit can be overwhelming and stressful. It’s essential to stay focused and take certain steps to ensure the best possible outcome for your case. Here are some recommendations to consider while you are in a lawsuit:

  • Follow the guidance of your attorney: Your attorney is your advocate. Listen to their advice and follow their guidance throughout the process. They have the knowledge and experience to navigate insurance claims and will work in your best interest.
  • Document everything: Keep a record of all communications, including emails, phone calls, and written correspondence related to your lawsuit. Document any expenses or losses incurred as a result of the incident. This documentation can provide valuable evidence to support your claim.
  • Avoid discussing your case on social media: Once again, we cannot repeat it enough: social media platforms are not the place to vent frustrations or discuss details of your lawsuit. Anything you post online can potentially be used against you. It’s important to exercise caution and refrain from posting anything that may compromise your case.

Consulting with an experienced injury attorney is critical to understanding your rights and options. When in doubt, always seek professional legal advice to ensure you are making informed decisions throughout the litigation process.

Get in Touch With an Experienced Personal Injury Attorney for Legal Assistance

Suppose you posted that you went bowling to calm your mind after a nasty car accident. In that case, the at-fault party insurance may use the Facebook post to dispute the extent of your injury and resulting claim.

Always seek representation from an experienced attorney from Varcadipane & Pinnisi, P.C., who’ll advise on the best way to protect your rights regarding your social media and personal injury claims.

Contact us online or at (201) 588-1500 for a free consultation.

Dawn M. Pinnisi

Dawn M. Pinnisi is a distinguished attorney with a track record of excellence in advocating for victims of injury and negligence. Dawn is a Founding Partner of the Firm, a member of the Million Dollar Advocates Forum, and has been awarded by the National Trial Lawyers.

University: J.D. Brooklyn Law School

Bar Number: 33771999

Locations: New Jersey and New York.

This page has been written, edited, and reviewed by a team of legal writers following our editorial guidelines. This page was approved by Founding Partners, Varcadipane & Pinnisi, who have more than 40 years of combined legal experience as personal injury attorneys.

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