How Your Social Media Posts Can Affect Your Personal Injury Claim
Social media is a part of daily life in today’s digital world, used as a tool to connect with others and share updates about ourselves. According to the Pew Research Center, seven out of ten Americans use social media. As useful as it may be, however, social media can negatively affect your personal injury claim. If you have been injured in Georgia as a result of the negligence of another person, contact Hall & Lampros, LLP at (404) 876-8100 for a free consultation to discuss your case.
The Connection Between Social Media Posts and Personal Injury Claims
Under the Freedom of Information Act (FOIA), social media posts are classified as public records and, therefore, can be used as evidence to refute or reject a personal injury claim.
When a victim of an accident files a personal injury claim, they can expect the defendant and their lawyers to search the internet for any information that contradicts their claim. Social media posts are used by personal injury lawyers to question the cause and severity of a victim’s injuries and their credibility. As an example, take the common scenario of a person being injured in a car accident and making a personal injury claim against the other driver on the basis that they are in severe pain and their daily activities have been affected. If that person then “checks in” to a theme park on Facebook, or posts photos of themselves actively engaging in social activities on Instagram, this can be used as evidence that the person’s injuries were not actually as severe as they claimed them to be.
Ways That Social Media Posts Can Harm a Personal Injury Claim
There are several ways in which a person’s social media posts can negatively impact their personal injury claim. These include:
The Post Could Be Inconsistent with the Victim’s Testimony: When a victim makes a personal injury claim, they are required to provide a statement to the insurance company that recounts the accident. If the victim posts information about the accident on social media, any information that is inconsistent with that provided to the insurance company could be used to question the validity of the claim.
The Post Could Provide Evidence to Reduce the Settlement Amount: Several factors are used to calculate settlement amounts in personal injury claims including the extent and severity of the victim’s injuries and the impact of their injuries on their everyday activities. Any information posted on social media about a victim’s injuries, treatment, or recovery could reveal evidence that proves that the injuries were not as severe or extensive as originally claimed or that the victim’s recovery is progressing better than expected. Seemingly unrelated posts about a victim’s day-to-day social and recreational activities can also be used to discredit the claim. Similarly, a victim’s posts related to their work can be used as evidence to refute a claim for lost wages related to the accident.
Interactions on Social Media Platforms Can Also Present Risks: Friends and family members can unintentionally harm a victim’s personal injury claim with their social media posts or comments. For example, if a friend “tags” the victim in a post or comment that shows evidence of the activities the victim is able to engage in. It is also not unheard of for insurance companies to use fake social media profiles to gain access to a victim’s private social media posts.
The experienced attorneys at Hall & Lampros, LLP can assist you with understanding how a social media post may affect your personal injury claim and what steps you can take to protect yourself.
The Best Way to Protect Your Personal Injury Claim
When it comes to social media, the best way to protect your personal injury claim is to deactivate your accounts and refrain from using it altogether. Anything you or anyone else posts on social media can be used as evidence to refute your claim. You also face the risk of being tricked into sharing your information with people who are looking to gather evidence against you by using a fake profile.
If you do decide you must use social media while your claim is pending, do not discuss or post any information related to your claim, your injuries, or your activities online. It is also wise to limit your interactions to only your existing contacts whom you know well and to be careful about any new “friend” requests you receive. Use “private” settings for all of your posts, ask your friends and family to refrain from posting anything about you, and regularly check the posts that you are tagged in.
How a Personal Injury Lawyer Can Assist
While social media can play a positive role in our daily lives, it can have a detrimental impact on the outcome of a personal injury claim. A seemingly harmless post, tag, or comment can result in a personal injury claim being refuted or even denied. A skilled personal injury lawyer can help to monitor your social media accounts and advise you on how to protect your personal injury claim. If you have been injured in an accident or need help with an existing personal injury claim, contact the experienced Georgia personal injury lawyers at Hall & Lampros, LLP by calling (404) 876-8100.
Chris has successfully represented numerous clients in catastrophic personal injury, employment law matters, class action, consumer protection, business tort, and legislative matters involving multi-million-dollar damages.