If you’re like most Americans, you like and use social media. Social media platforms like Facebook, YouTube and LinkedIn allow people to connect, share, and stay informed. And, while these platforms offer myriad social, professional and recreational benefits to their users, they can also introduce substantial risks for those pursuing personal injury claims.
So, what harm could possibly come from sharing seemingly harmless photos of yourself and your happenings? Quite a bit, actually.
Many personal injury plaintiffs do not realize that their social media histories may become admissible evidence as part of the discovery process. Even private accounts—accounts that most social media users assume will never be seen by anyone other than those with which they are shared—may be subject to the scrutiny of the courts, insurance companies, and other entities as part of a personal injury lawsuit.
Obviously, this should worry dishonest claimants, but claimants with genuine injury claims may question why they would need to worry, especially if they have medical records and other documentation that documents their injuries and suffering.
The problem is that even those with fully documented and legitimate claims can have social media activity that diminishes the appearance of their suffering. For instance, someone still suffering from significant physical pain following a car crash might, in a moment of joy and respite, post an image of himself smiling and happy, gently playing with his child. What many people would see as the normal ups-and-downs of daily living, an insurance investigator or opposing legal team might see as proof of a fraudulent claim.
It is vital that anyone involved in or considering pursuing a personal injury claim recognize that insurance companies and the courts aren’t limited to just medical records and official documentation when it comes to judging the credibility of a case. And, it’s not just a plaintiff’s social media history that is likely to be monitored, but also that of his or her friends and family. In fact, simply being tagged in someone else’s activity can be enough to cause problems.
Protecting Your Claim
Here are a few ways that those pursuing personal injury lawsuits can protect their cases from damaging social media activity:
- Don’t post. Or, at the very least, don’t post about your injury. If you don’t post at all, there won’t be any history for anyone to use against you. And, while refraining from posting about your injury may seem counterintuitive, it protects you from accidentally creating a false “timestamp” that could jeopardize your case.
- Search for yourself. “Googling” yourself can help you find anything in your social media history that you may want to remove.
- Educate friends and family. It’s natural for friends and family to want to cheer you up with fun-loving posts, especially if you’re suffering due to an injury. What they may not realize, however, is how damaging those posts can be. Take a little time to educate them on what could happen and how they can help you protect your claim.
- Check your privacy settings. Although private is never as private as we like to think when it comes to social media, it’s still better to have all of your social media accounts set to a “Private” or private-like setting that allows you to control who sees what. Remember: anything set to Public can be seen by anyone and may be used in court.
Domnitz & Domnitz, S.C. – an experienced Milwaukee car accident attorney. If you think you have grounds to pursue a personal injury claim, contact us today for a free consultation.