The Impact of Social Media on Personal Injury Claims
For nearly eight decades, Pulvers, Pulvers & Thompson has been a steadfast advocate for personal injury victims, guiding them through the complexities of the legal system. As the world has evolved, so too have the challenges and opportunities presented by new technologies. One such modern development is the pervasive influence of social media on personal injury claims.
The Double-Edged Sword of Social Media
Social media platforms like Facebook, Instagram, Twitter, and TikTok have become integral parts of our daily lives. They allow us to connect with friends, share experiences, and express our thoughts. However, when it comes to personal injury claims, social media can be a double-edged sword.
Imagine you’ve been in a car accident and have filed a personal injury claim. You’re seeking compensation for your injuries, which have left you unable to work or enjoy your usual activities. But then, a photo surfaces on your Instagram account showing you at a friend’s birthday party, smiling and seemingly carefree. While this photo might have been taken before the accident, or perhaps you were having a rare good day, it can be used by the defense to argue that your injuries aren’t as severe as claimed.
How Social Media Can Influence Claims
Evidence of Physical Activity: Posts showing physical activity can be detrimental. Even if you’re simply trying to maintain a positive outlook or were having a good day, these posts can be misconstrued as evidence that your injuries are not as debilitating as you claim.
Contradictory Statements: Any statements you make on social media that contradict your claims can be used against you. For instance, if you claim to be suffering from severe back pain but post about a hiking trip, this can raise doubts about your credibility.
Public Perception: Social media can also influence public perception. If your case garners media attention, public comments and shares can sway opinions, potentially impacting jury decisions.
Privacy Settings Aren’t Foolproof: Many people believe that setting their profiles to private will protect them. However, courts can subpoena social media records, and mutual friends might inadvertently share your posts.
How Online Posts Can Impact Legal Cases
Imagine a woman who claimed she was seriously hurt in a car accident, only for the defense team to find her Facebook posts showing her running a marathon. Even though she insisted the photos were taken before the accident, her credibility took a hit.
In another scenario, a man involved in a slip-and-fall case shared his new workout routine on X. The defense used these tweets to suggest that his injuries were overstated, which ultimately influenced the settlement he received.
Consider also the case of a young professional who filed for workers’ compensation due to a back injury. However, his Instagram posts revealed him lifting heavy weights at the gym. The defense highlighted these posts to question the severity of his injury, which affected the outcome of his claim.
Navigating Social Media Wisely
We advise our clients to be cautious with their social media activity during a personal injury claim. Here are some tips:
Think Before You Post: Consider how a post might be perceived by someone who doesn’t know the full context.
Review Privacy Settings: While not foolproof, ensuring your settings are as private as possible can help.
Avoid Discussing the Case: Refrain from posting any details about your case or injuries.
Consult Your Attorney: Before posting anything that might relate to your physical condition or activities, consult with your attorney.
Our Commitment to Client Advocacy in the Digital Age
For nearly eighty years, Pulvers, Pulvers & Thompson has been dedicated to serving personal injury victims, adapting to the ever-changing landscape of the legal world. Social media is just one of the many modern challenges we navigate with our clients. By understanding the potential impact of social media on personal injury claims, we can better protect our clients’ interests and ensure they receive the justice they deserve. As we continue to evolve with the times, our commitment to our clients remains unwavering, providing them with the guidance and support they need in today’s digital age. If you or a loved one is dealing with a personal injury and concerned about how social media might affect your case, reach out to us for guidance and support. We’re here to help you navigate these challenges.
This post is for legal education purposes only and should not be considered legal advice. No attorney-client relationship has been formed. To the extent this post constitutes attorney advertising, past results do not guarantee similar outcomes.