In today’s digital age, social media has become an integral part of our daily lives. Many share everything from life’s major milestones to mundane details with their online communities. However, when you’re involved in a personal injury case, your social media activity can have significant implications, often in ways you might not anticipate. Here’s how social media can affect your personal injury case and why you should be cautious about what you post.
1. Contradictory Evidence
One of the most direct ways social media can impact your personal injury case is by providing contradictory evidence. For instance, if you are claiming a serious back injury from a car accident but are checking in at a yoga class within days of the accident, the opposing party could use this against you. Insurance companies and defense attorneys often scour social media accounts to find evidence that could undermine your claims of injury. Even if the photo doesn’t directly contradict your injury claims, it can create doubt and provide leverage to reduce the settlement amount.
2. Misinterpretation of Posts
Social media is often a highlight reel of our lives. We tend to share the good moments and downplay the bad ones. A photo of you smiling at a friend’s birthday party or a status update about your vacation can be misconstrued. Opposing counsel may argue that your injuries are not as severe as you claim because you appear to be enjoying life, even though the reality of your situation may be far different. While you cannot be expected to just stop living your life while you attempt to recover from your injuries, the context of your posts can be easily twisted, leading to negative repercussions in your case.
3. Commenting on Posts
Occasionally defendants, both individuals and businesses alike, feel a need to post to their social media account. Sometimes, these posts are not an accurate representation as to what happened. While it may be easy to immediately respond to such a post, you should consult with your attorney prior to doing so.
4. Privacy Settings Are Not Foolproof
Many people assume that setting their social media profiles to private will protect them from scrutiny. However, privacy settings are not foolproof. Indiana courts have increasingly allowed the discovery of social media content, even if it’s private. Opposing parties can request access to your social media profiles through the discovery process after a lawsuit is filed. Therefore, it’s crucial to understand that nothing is truly private once it’s online.
5. Impact on Settlement Negotiations
The strength of your personal injury case often determines the settlement amount offered by the opposing party. If your social media activity casts doubt on your claims or your credibility, it can weaken your bargaining position. Insurance companies are always looking for ways to minimize payouts, and if they find questionable posts on your social media, they may offer a lower settlement or refuse to settle at all. This can prolong the legal process and reduce the compensation you ultimately receive.
Social media can have a profound impact on your personal injury case. What may seem like an innocent post can be used as evidence against you, potentially jeopardizing your chances of receiving fair compensation. The best course of action during an ongoing legal case is to avoid social media activity altogether. If you must post, always think carefully about how your content could be perceived and discuss with your attorney any concerns you might have. Remember, in the eyes of the law, even a picture can be worth a thousand words—and not always in your favor.
Give the experienced Indianapolis personal injury attorneys at Banks & Brower a call today. We are available 24/7/365 at info@banksbrower.com or by phone at 317.526.4630.