In a world where writing a social media post is often more effective than calling customer support, you may not think twice about taking to the internet after an accident.
Platforms like Facebook and Instagram make it easy to keep friends and family informed and up-to-date on your recovery. You might even be tempted to write a negative review for a negligent landlord or reckless contractor, hoping your experience will help keep others safe.
However, regardless of your intentions, discussing an accident on social media can have serious repercussions. If you file a lawsuit, the defendant’s insurance company will almost certainly scour the internet for new pictures and comments, taking every opportunity to twist your words against you. Without the proper representation, your case could end in shambles.
3 Ways Social Media Could Hurt Your Personal Injury Lawsuit
Social media can be a powerful tool for mobilizing friends and family after an accident.
One unfortunate aspect of social media is that your content and interactions are never truly private. Even if you go through all your settings and ensure there is no possible way an insurance adjuster could dig into your recent post history, you cannot control what your loved ones say and share. All it takes is one mistake or slip-up to give the defense new leverage in negotiations.
Here are three key reasons it is best to keep social media at an arm’s length after an accident:
- You Risk Damaging Your Own Credibility
Using social media to tell your side of the story can easily backfire.
Almost anything you say or post could impact your credibility. Even if you have a strong case and irrefutable evidence, apparent discrepancies on social media could give a defense attorney easy ammunition. If, for instance, one of your friends posted pictures showing that you’d been out drinking before a car crash, the defense could try to argue that your judgment was compromised and that your own negligence contributed to the accident.
Since New York is a comparative negligence state, your own mistakes can impact your settlement, reducing its value in direct proportion to your share of fault.
- Your Words Could Be Twisted Against You
Nobody can be faulted for venting after an accident, especially if it was not their fault.
However, just like discrepancies and omissions can damage your credibility, the words you use to describe an accident could be misconstrued as statements of fact. For example, posting comments along the lines of “in the hospital, hurt, but it could have been worse!” or “I can’t wait to take this jerk to court!” could be turned against you in surprising ways.
In the first case, simply saying that “it could have been worse” could be interpreted as an admission that your injuries are not really that severe. And, in the second, a defense lawyer could try to convince a jury that you are only after money.
- Your Lifestyle and Habits Could Overshadow Your Injuries
You would probably be surprised at the lengths some insurance companies will go to cast doubt on a high-stakes claim. Any of the following kinds of circumstantial evidence could end up overshadowing your injuries:
- Talking about taking your kids to school;
- Commenting or asking questions on a business’s public page;
- Checking into events;
- Posting pictures celebrating a recovery-related milestone, like walking unassisted for the first time; or
- Letting loved ones tag you in group pictures.
Do not take chances with your rights: contact the Dietrich Law Firm P.C. to schedule your free, no-obligation consultation as soon as possible.