How Social Media Can Affect Your Personal Injury Case

In the digital age, social media has become integral to our daily lives, offering a platform to share experiences, voice opinions, and connect. However, it can be a double-edged sword in certain situations, like during a personal injury case.

This page will shed light on how your online activities, particularly on social media, can hurt your personal injury lawsuit. We’ll explore the pitfalls and why you should completely avoid social media for the duration of your claim.

How Can Social Media Impact Your Personal Injury Case?

Social media has revolutionized the way we interact and communicate with one another. It has also created an unprecedented level of accessibility to private information. While social media can be an effective tool for staying connected with family and friends, it can negatively impact your personal injury case.

Contradicting Your Claims:

One of the main ways social media can impact your personal injury case is by contradicting your claims. For example, if you claim to have suffered a severe physical injury that causes you great pain but post pictures of yourself smiling with friends on the beach, attorneys for the insurance company will use it against you. Even if your friends were simply taking you out to cheer you up, defense attorneys will still try to use the images out of context. They are skilled at leveraging social media against plaintiffs (you) and aren’t afraid to do so.

Revealing Information About Your Medical Condition:

Social media can reveal private information about your medical condition. For example, posting about your medical treatment on social media can provide insight into the severity of your injuries. Don’t post anything about how you feel, whether it’s good or bad. This information can be used against you to minimize the value of your claim.

Making Inappropriate or Disparaging Comments:

Making inappropriate or disparaging comments on social media can also hurt your personal injury claim. For example, posting hostile comments about the accident, the other party involved, or legal proceedings related to your claim can damage your credibility in front of a judge or jury. Even if you believe your comments are harmless, they can still be used against you in court. Therefore, avoid commenting on your case on social media.

Providing Evidence for the Other Side:

Social media can also provide evidence for the other side in a personal injury case. For example, if you post pictures or videos of the accident or its aftermath that contradict your account of what happened, that could cause problems. It is important to remember that anything you post on social media can potentially be used as evidence against you. Therefore, it is best to simply stay away from it until your case ends.

How Lawyers and Insurance Companies Use Social Media in Personal Injury Cases

The role of social media has become essential viewing for lawyers and insurance companies in personal injury cases. As social media usage continues to rise, it is important for accident victims to understand how lawyers and insurance companies use these platforms to investigate and collect evidence.

Below are some ways social media is handled in personal injury cases.

Social Media Investigation

Lawyers and insurance companies conduct a social media investigation on accident victims to gather evidence that can be used to minimize or deny compensation claims. Generally speaking, anything you post on social media can be used against you as evidence. This evidence can impact your case in ways you cannot imagine. For instance, if you post pictures of yourself enjoying drinks with friends, defense attorneys may question your commitment to your recovery and use it as evidence to try and reduce your compensation.

Surveillance

Apart from social media investigation, lawyers and insurance companies hire private investigators to monitor accident victims’ daily activities. This can help in determining the validity of the claims. For instance, if the victim claims they cannot work or engage in physical activities, but their social media shows them doing those activities, it can be used as evidence against them.

Witness Social Media Accounts

The detective work isn’t just limited to your social media account. Insurance companies and their lawyers will also look into the social media accounts of witnesses. They’ll search for new evidence or information posted by witnesses and try to establish any relationship between the testimony and the evidence. Insurance companies verify the witness’s location in personal injury cases by checking the posting time and location. This is because the time and location of the accident are crucial to determine the validity of the witness’s statement.

Friend and Family Posts

Besides checking the accident victim’s social media profiles, lawyers and insurance companies also monitor the activity of others who mentioned or tagged the victim in their posts. This can include friends, family members and work colleagues. Insurance companies often hire investigators to closely monitor the activities of all the parties involved in the case. Therefore, it is important for accident victims to ask those around them to be cautious on social media and not mention their accident at all. They should also not accept any friend requests from strangers under any circumstances.

The Influence of Social Media on Jury Perception

Social media has profoundly impacted jury perception, especially in accident cases. Take a closer look at how social media affects jury perception in cases related to accidents and personal injury claims.

Juror Bias and Social Media

Social media has become a major factor in personal injury case juror bias. Jurors can now easily access information about the accident, the plaintiff, and the defendant through social media platforms. This means jurors may be exposed to biased information that could influence their perception of the case. For instance, a juror may come across a post or tweet about the accident that is not admissible in court, leading them to form an opinion based on irrelevant information.

Perception of Plaintiffs and Defendants

Social media has also changed the way jurors perceive plaintiffs and defendants. Jurors may interpret a defendant’s posts or shares on social media as evidence of negligence or wrongdoing, even if the posts are unrelated to the accident case. Similarly, jurors may perceive a plaintiff’s social media activity as an indication of the severity of their injuries. This can have a significant impact on the outcome of the case.

Jury Selection Process

Social media has sometimes become part of the jury selection process for personal injury cases. Attorneys may use social media profiles to gather information about potential jurors and their opinions, including their interests, political views, and personal beliefs. This information can be used to identify jurors who may be biased and to select those who are more likely to support their client’s position in the case.

Social Media Monitoring

To combat the influence of social media on juror perception, many attorneys now use social media monitoring tools to monitor the online activity of jurors during the trial. This helps to ensure that jurors are not exposed to biased information or influenced by outside factors that could impact the case outcome.

Implications for Accident Victims in Los Angeles

As an accident victim in Los Angeles, it is important to be aware of the potential impact of social media on jury perception. This means avoiding the temptation to share information about your case on social media platforms and being cautious about who you communicate with online. It is also critical to work with an experienced personal injury attorney who understands the implications of social media on jury perception and can take steps to protect your rights.

Excuses People Make for Using Social Media During Their Personal Injury Case

I Have Very Strict Privacy Settings

It is important to remember that privacy settings on social media platforms may not provide as much protection as you think. Also, there is no law that stops insurance companies from delving into your social media accounts. Rest assured, they will try to, regardless of your level of security. It also helps to turn off location tracking and other features that might give away your current location.

My Friends Can Post For Me

Ask friends and family to avoid posting pictures or videos that show you engaging in any physical activity, especially if it could be used against you in court. Also, do not let them post about your accident, injuries, or ongoing lawsuit. These statements could be taken out of context and used against you. Of course, don’t do any of this on your accounts either.

If I Post Something Damaging, I’ll Just Delete it

As you may have heard, what you post on the internet doesn’t totally disappear. The insurance company will work to recover anything you posted, even if you delete it. You can’t regret posting something if you stay away from your social media accounts.

I’ll Watch My Tone

If someone upsets you, it’s better if you don’t respond, especially if the comment comes from someone you don’t know. It could be an insurance investigator trying to provoke you into responding in a hostile manner. If you use obscenities or use language that can be considered offensive you can be sure it will be used against you by the defense.

Instead, Take a Temporary Social Media Detox

Taking a temporary break from social media is best. This will ensure you do not post anything that could jeopardize your case. It will also allow you to focus on your recovery and case without social media distractions.

Although social media can be a useful platform for staying connected and expressing oneself, it is important to stay away from it during your personal injury case, as it can greatly affect the outcome. Actions as seemingly innocent as updating your profile, commenting, or even liking a post can alter the perception of your case. As a result, it is crucial to be mindful of your digital footprint during litigation.

If you were seriously injured in an accident, contact the personal injury lawyers at The Dominguez Firm today. With over 35 years of experience, we have a 96%* success rate and are ready to guide you through the legal process. Call us for a free consultation at (800) 818-1818.