Following a personal injury accident, the victim will suffer damages, such as medical bills, lost wages, and pain and suffering, for which they can pursue compensation through a personal injury claim. However, social media posts can affect a personal injury victim’s ability to recover fair compensation for damages because they can contradict the damages victims pursue. They can lead to an insurance company refusing to pay for the damages or a jury favoring the defendant in a court case.
An example of social media posts affecting a personal injury claim would be if a person tries to recover compensation for loss of enjoyment of life following a car accident. A social media post showing them going on vacation in Maui would contradict the loss of enjoyment of life they suggest they are suffering. A personal injury lawyer can advise a victim on the best way to use social media in a way that cannot affect their personal injury claim.
Keep the Details of Your Personal Injury Claim Off Social Media
Personal injury victims may want to use social media to vent after a negligent party causes a personal injury accident, such as a car, truck, or slip and fall accident. Most people use social media to communicate with friends and family about what is happening in their life. Something like a car accident is a traumatic event in their life that they may want to update their followers on.
However, posting private details about your personal injury accident can affect your ability to recover compensation for damages. Every social media post can be used as evidence in a personal injury claim to affect your ability to recover full compensation for your damages. It’s impossible to know how an insurance company can use a seemingly harmless social media post against you, so it’s better to avoid the risk and keep any details of your personal injury claim off social media. Personal injury victims should also speak to those close to them to ensure they do not say anything on social media about the personal injury claim either.
Insurance Companies Can Use Social Media Posts to Delegitimize Your Claim
Recovering compensation for personal injury damages involves negotiating a settlement with the at-fault party’s insurance company. These insurance companies will do everything possible to deny, delay, or devalue your claim to keep their profits up. Insurance companies employ insurance adjusters to search for information or evidence that can delegitimize personal injury claims so they do not have to pay large sums of money to compensate personal injury victims for damages.
One way an insurance company will try to limit your settlement is by using social media posts that can contradict your damages. When you are pursuing compensation for damages, you must be able to find evidence to prove you suffered those damages because of the at-fault party’s negligence. Insurance companies can also try to find evidence to disprove your damages. For example, a social media video showing you running can delegitimize your attempt to pursue compensation for medical bills regarding a knee injury.
Types of Social Media Posts That Can Harm Your Ability to Pursue Compensation for Damages
Insurance companies and defendants can use contradictory social media posts in settlement negotiations and court cases to affect your ability to recover fair compensation. Any post you make on social media is fair game. While presenting a contradictory social media post does not eliminate your chance of recovering compensation, it can negatively affect your chances and decrease the value of a potential settlement.
The following are some of the types of social media posts that can hurt your personal injury claim:
- Posts about physical activity while you recover from a disabling injury
- Social updates that reference working while pursuing lost wages or lost earning potential
- Lies about what transpired during your personal injury accident
- Disparaging language about the defendant or their insurance company
- Multiple posts about hanging out with friends when pursuing loss of companionship damages
- Posts that indicate you have a fun life while pursuing loss of enjoyment of life damages
How Should Personal Injury Victims Use Their Social Media Accounts?
Negotiating fair settlements for personal injury claims can be difficult. Insurance companies will use anything, including your social media activity, to call into question the severity of your injuries. Therefore, it’s best for personal injury victims to restrict their social media use while they are involved in the claims process.
Personal injury victims do not have to abandon social media entirely. As long as they avoid posts about their claim or activities, they should be fine. Posts about world events, politics, culture, movies, music, or sports should be fine. Before posting on social media, victims should consider what damages they are pursuing compensation for. They shouldn’t post anything that has to do with those damages and can be used against them later on.
How Can a Personal Injury Lawyer Help You Recover Compensation for Damages?
If you were involved in a personal injury accident caused by a negligent party, you could file a personal injury claim to pursue compensation for damages affecting your physical health, financial situation, and quality of life. You can seek compensation for economic and non-economic damages, such as medical bills, lost wages, pain and suffering, and mental anguish.
Hiring a personal injury lawyer can help with the process of seeking compensation. They can advise you on the safest way to use social media without affecting your ability to recover compensatory damages. They can also help you determine the at-fault party, explain your rights, collect evidence, and negotiate a settlement.
Contact The Russo Firm for Help With Your Personal Injury Claim
At The Russo Firm, our personal injury lawyers can offer guidance through the claims process to increase your chances of recovering fair compensatory damages. Our advice can include how to handle your social media accounts to ensure no post can further complicate the personal injury claims process. Our personal injury lawyers have decades of experience that they can apply to your case as they build a personalized legal counsel plan to maximize your potential for recovering compensation for your damages. Contact us for a free case evaluation at (561) 270-0913 or leave a message on our online contact form.
