How Opposing Parties Use Social Media Against Claimants
In today’s digital age, social media is a powerful tool for staying connected with friends, family, and the world. But if you’re involved in a personal injury case, your social media activity can quickly become a double-edged sword. Opposing parties, including insurance companies and defense attorneys, may scour social media profiles to find evidence that can be used to undermine your claim.
Talk to a lawyer after an accident in Clearwater, Hudson, or Tampa, to have a full understanding of how online communications can affect your case. Then, you can learn what to avoid to protect your right to fair compensation.
How Social Media Posts Can Affect Personal Injury Cases
When you file a personal injury claim, you are asking for compensation for damages, such as medical bills, lost wages, and pain and suffering. The opposing party’s goal is to minimize or deny your claim, and they may use any information available to do so.
How social media activity may be used:
- Contradicting your claims. If your claim states that you are suffering from debilitating back pain but you post photos of yourself hiking, dancing, or participating in other physically demanding activities, the opposing party may argue that your injuries are not as severe as you’ve stated.
- Undermining your credibility. Even innocent posts can be taken out of context and used to challenge your side of the story. A photo of you smiling or attending a social event could be twisted to suggest that you are not in as much pain or distress as you claim. Or posts that suggest you are engaging in reckless behavior, such as drinking heavily or driving erratically, can be used to argue that you contributed to the accident or that you’re not a responsible individual.
- Gathering evidence. The defense may use your social media posts to gather evidence that contradicts your testimony or the evidence presented in your case. So if you claim that the accident has left you unable to work but you post about a new opportunity or business venture, it could be used to dispute your lost wages claim.
To protect your personal injury claim, never post about your accident, injuries, or the ongoing legal process.
Don’t Blindly Trust Privacy Settings
While it’s often best to avoid posting altogether, setting your social media profiles to private can also be beneficial. That said, it is important to remember that nothing on the internet is truly private, and even with privacy settings in place activity could still be accessed or subpoenaed in a legal case.
You do not have to fight for damage recovery alone. Florida personal injury lawyers can help you through the process. If you’ve been injured and are seeking compensation, get the guidance you need to secure a fair outcome.
Should you be using social media platforms as you move through the recovery process? The experienced legal team at Roman & Roman can provide you with specific advice tailored to your situation. To connect with over 100 years of combined experience, schedule a consultation today.
Although the law firm of Roman & Roman has offices in Clearwater, Hudson and Tampa, we handle cases and claims throughout Florida. We also meet personally with our clients if at all possible, rather than impersonally over the phone or on the Internet.