How Can Social Media Impact Your Car Accident Claim?

social media in a personal injury case

Social media is deeply rooted in our everyday lives.  People spend hours each day on social media platforms.  However, after a motor vehicle crash, posting on social media can ruin your injury claim.

Ways Social Media Can Hurt Your Case

When you are injured in a car accident, you should not post about the accident or your injuries.  One of the first things insurance companies and their lawyers do when an injury claim is filed, is to check social media.  Insurance company lawyers may even attempt to obtain a Court Order to review your social media posts that you thought were private.  We will fight any effort by the insurance company to obtain your private social media posts but the best practice is to avoid posting anything about your accident or injuries.

Minimizing the Injury

Often after an accident, injury victims receive an outpouring of support from friends and family voicing their concerns.  Many people in these situations feel compelled to respond to these messages in a way that puts the minds of friends and family members at ease.  A response that “I am feeling fine”, “it was no big deal”, or “I’m feeling much better”, may be taken out of context in an effort by the insurance company or their lawyers to reduce the amount of your settlement or verdict.

Admitting Fault

Just as minimizing your injury can devalue your case, admitting fault on social media platforms – either fully or partially – can also be used as evidence against you.  This can include things like responding to a Facebook post with “I never saw them” or “I couldn’t brake in time”.

Determining who is at fault for an accident is best left to your lawyer.  Just as with posting about your injuries, posting about how the accident occurred can be misinterpreted or taken out of context and end up hurting your case.

Posting Photos Can Hurt Your Injury Claim

People love to post photos about things they do.  You should not post photographs of your activities while you are in the process of making a personal injury claim.  It is easy for the other side to take photographs out of context and use them against you.  For example, a photograph of you trying to walk without crutches after an accident can be misused to claim that you healed from your injuries and no longer needed crutches.  A photograph of you at the gym trying to rehabilitate your injury can be misinterpreted in an effort to claim you returned to all of your normal work out activities.

Photographs showing how your injuries from the accident are affecting your daily life are helpful.  However, there is no need to post these photographs.  Your lawyer will know the best way to use photographs to support your claim.

Social Media Can Help in Certain Cases

Social media can help bolster your case in certain situations.  If you and your attorney are having a difficult time finding eyewitnesses, your attorney may be able to use social media to locate witnesses.  Your attorney may also be able to use the social media activity of the party responsible for your injuries to help establish that they were at fault for the accident.

However, in most cases it is best to avoid social media posts about your accident or your activities while your claim is pending.  While this may be difficult for some people, no one wants to reduce the compensation they are legally entitled to because of social media posts that may be used against them.

Reach out Now to a Personal Injury Attorney to Help on Your Case

If you have been wrongfully injured, you are entitled to compensation for your injuries and damages.  Every injury victim should collect the full amount of compensation he or she is legally entitled to.  This requires the knowledge and skill of an experienced personal injury attorney who can collect the necessary evidence, draft a proper claim and convince the insurance company to pay to fully compensate you.  If settlement is not possible, your lawyer must have the skill and experience to present your claim to a jury.  Many lawyers do not have these skills.

Working with a Milwaukee personal injury attorney will take the stress out of your day-to-day life so you can focus on recovering from your injuries while we work on preparing your case for a great settlement or verdict. For a free and confidential evaluation of your accident case, schedule a consultation with Mingo & Yankala, S.C. today!