How Social Media Posting Can Hurt Your Personal Injury Claim

Social media has become an integral part of daily life, but it can have serious repercussions for people engaged in trying to recover compensation for injuries suffered in accidents and other misfortunes. While platforms like Facebook, Instagram, and Twitter are wildly popular ways to share experiences and stay connected, what users share online can have real-world consequences, especially concerning legal matters. 

Posting photos and other personal information on social media can potentially undermine your case in several ways: 

• Contradictory accounts of injuries — Defense lawyers can submit photographs or videos showing your participation in physically demanding activities, seeking to show that your injury is not as serious as claimed. Even casual activities like attending a social event may be used to cast doubt on the severity of an injury. A picture of you smiling with friends might seem harmless, but defense lawyers could argue that the image proves you are not suffering from pain or emotional distress, even though the injury may still be real and debilitating. 
• Admissions of fault — Plaintiffs in personal injury cases sometimes post comments that can undermine the merits of their claims. An innocent statement can be taken out of context or misconstrued. Saying “I didn’t see the other car coming” or “I was distracted for a second” may seem like casual reflection, but it can be interpreted as an admission of fault for the accident.
• Comments posted by friends and followers — A remark about the accident, such as, “It was probably both your faults,” could be used by the defense to challenge your version of events. It is also possible for posts or comments made before the accident, such as discussions about driving habits or physical condition, to be used as evidence to discredit your claims.
• Insurer surveillance — Insurance companies and their attorneys routinely monitor social media activity by personal injury claimants. These agents look for any information that could weaken your case, such as posting that show activities inconsistent with the reported injuries. A high level of activity on social media platforms can further draw the attention of probing eyes. Even with privacy settings in place, social media posts can be shared or accessed by others in unexpected ways.
• Emotional and psychological distress claims — For plaintiffs who are seeking damages for emotional or psychological distress, social media posts that show them engaging in social activities or appearing happy can undermine their claims. Defense attorneys may argue that the plaintiff’s social media activity suggests they are emotionally stable, even though social media often only reflects highlights rather than the full reality of someone’s emotional state.

If you are engaged in a lawsuit seeking damages after an accident, seek guidance from your personal injury attorney on what is and is not appropriate to share on social media during your claim.

Feinberg & Alban PC aggressively pursues personal injury claims throughout eastern Massachusetts. We have offices in downtown Boston, Brookline and Worcester. Please call 617-232-5950 or contact us online to discuss your legal options in a free consultation.