Social Media’s Impact on Personal Injury Claims
In today’s digital age, social media has become a key factor in personal injury cases. Insurance companies and defense attorneys increasingly turn to online platforms to gather information that could challenge the claims made by plaintiffs. Anything posted on social media can be used as evidence, often to dispute the severity of an injury or the emotional distress someone is claiming.
The Potential Dangers of Social Media Posts
Even seemingly innocent posts, such as vacation photos or gym check-ins, can have significant repercussions. For instance, a post from a client enjoying a vacation could be used to argue that their injury isn’t as severe as claimed. Similarly, photos of individuals out to dinner with friends or family could be used to disprove emotional distress claims, even if those moments of happiness do not reflect the full range of the person’s emotions.
The Role of Social Media in Shaping a Case
While social media posts can sometimes support a personal injury case—such as when a client shares a photo of themselves injured or in a cast—there are often more risks than rewards. Most people tend to post only their “highlight reel,” showing the best parts of their lives without revealing the struggles they may be experiencing. This selective sharing can be used against them by defense attorneys and insurance companies looking to undermine their claims.
How Defense Attorneys Use Social Media Against Claimants
Defense attorneys and insurance companies monitor clients' social media accounts, looking for posts, photos, and even private messages that might undermine the injury claims. In some cases, private investigators are hired to gather evidence by surveilling clients, seeking to demonstrate that the person isn’t as injured as they claim.
Vacation photos are particularly damaging, as they suggest that a person is physically able to travel and enjoy activities, which is counterintuitive to claims of severe injury. Posts showing physical activity or social outings can also be used to cast doubt on emotional distress or pain claims.
Advice for Clients Regarding Social Media
When advising clients, it’s crucial to discuss the risks associated with social media. Although completely avoiding social media is nearly impossible for many people, clients should ensure that their accounts are set to private. By keeping social media profiles restricted, they make it harder for attorneys or insurance companies to access their information. Clients should also be cautious about accepting friend requests or followers from people they don’t know, as it could be an insurance investigator fishing for information.
Can Social Media Be Accessed Through Unconventional Means?
Though a client’s social media account may be private, defense attorneys may still find ways to access the information through mutual connections. For example, if someone in the client’s network is a friend of an investigator, that investigator may be able to gain access to private profiles. However, attorneys typically object to broad demands for access to social media accounts unless the client has posted something directly related to the case, such as about the incident itself.
The Potential Impact of Past Social Media Posts
Past social media posts can also come back to haunt a client. Old photos, even those unrelated to the case, can be misinterpreted and used against them. To avoid any issues, clients should refrain from posting anything that could be seen as contradicting their claims. This includes posts showing physical activity, travel, or statements related to the case.
Real-Life Example of Social Media’s Role in Personal Injury Cases
One example from early in the attorney’s career involves a sexual harassment case. The defendant found a photo of the client in a bikini on social media and attempted to use it against her. The attorney strongly objected, arguing that the photo was irrelevant to the case. If a victim has gone through trauma, such as sexual harassment or an accident, they should not be penalized for enjoying a moment of joy or connection with others, even if that’s reflected on social media.
Managing the Balance Between Social Media and Legal Concerns
In some cases, social media content can be so pervasive that it makes its way into the media, especially when high-profile cases are involved. In these situations, photos from clients' social media accounts can be published in the press. This reinforces the importance of keeping social media private to prevent unwitting disclosure of sensitive information.
Guidance from an Experienced Attorney
Experienced personal injury attorneys can guide their clients through the complexities of social media during a case. By offering practical advice on best practices and helping clients avoid pitfalls, attorneys can help mitigate the risks of social media impacting a case.
Conclusion
Social media is a double-edged sword in personal injury cases. While it can potentially support a claim, it is far more likely to be used against claimants, especially when they inadvertently post content that can be misinterpreted. By following the advice of an experienced attorney and being mindful of what is shared online, individuals can protect their cases and avoid the many pitfalls that come with a digital footprint.