The Effects of Social Media on a Personal Injury Claim or Lawsuit

Social Media Can be Used to Deny or Reduce Your Claim

It is important to not make any admission of fault on social media or discuss the accident at all. Any posts could be used as evidence against you.

Even posts that could at first seem disconnected from the accident could be used by opposing counsel to deny your claim.

For example, if you are involved in an accident in which fault and liability are a point of contention, and a friend posts a picture of you texting and driving that is findable by any investigator, you could then appear to be irresponsible to opposing counsel, or judge and jury.

Insurance companies may request access to social media accounts during discovery, which is an important pre-trial process in which both sides, the plaintiff and defendant, work on finding out more about the other side to have the complete information needed to negotiate a settlement. Therefore, any posts that you have made on social media may be fair game.

Attorneys for insurance companies will search for any inconsistencies in your story to lower the amount of damages that their client may be liable for.

For example, if you claim that you have been unable to exercise as you did prior to the accident, but then post a picture of yourself walking with a friend that post could be used to lower your settlement or deny your injury claim altogether.

However, car accidents are devastating events that leave victims with injuries that can change their lives and most of the time, victims are just trying to recover from the financial, emotional, and physical toll of what happened. But even a post or written statement that seems innocent could eventually be flipped and turned against you.

Social Media Can Create a Reason for an Insurance Company to Invade Your Privacy

Finally, social media can open up a privacy problem for accident victims. For example, Insurance companies and lawyers can also use social media to find out more about your medical history, your personal habits, and your location. Remember, social media may be requested during discovery and anything on your accounts will be subject to meticulous scrutiny by opposing counsel.

Contact Clayton Trial Lawyers Today

Overall, any use of social media after an accident can complicate your personal injury claim. The other side will search for any possible inconsistency in your story or post that

could give them a reason to deny your claim. If you have any questions about how to navigate social media after an accident, please contact CTL today.