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The Dos And Don’ts Of Social Media Use During A Personal Injury Claim

January 20, 2025

The Dos And Don’ts Of Social Media Use During A Personal Injury Claim

If you’ve been injured in a motor vehicle accident and are pursuing a personal injury claim, it’s crucial to reconsider your use of social media. In today’s digital world, where sharing details and photos of our lives online is commonplace, it’s essential to be mindful of what you post and who can see it during personal injury cases. Social media can play a significant role in the legal landscape of your case, potentially impacting your rights and compensation. This blog will guide you through the dos and don’ts of social media use during a personal injury claim, helping you safeguard your legal interests.

The Role Of Social Media In Personal Injury Claims

Social media has become a powerful tool for staying connected, but it also has the potential to impact your personal injury claim. Insurance companies and defence counsel often monitor claimants’ social media accounts, searching for any evidence that could be used against them. Posts, comments, and pictures can inadvertently reveal details about your physical abilities post-injury, potentially undermining your claim.

For example, if you claim that your injuries severely impact your daily life but later post a photo of yourself engaging in physical activities, such as hiking or attending a social event, the insurance company or defence counsel for the insurance company might argue that your injuries are not as severe as you’ve claimed. Such discrepancies between your online activity and your injury claims can weaken your position and reduce the compensation you may be entitled to.

Dos And Don’ts For Social Media Use:

Do: Adjust Your Privacy Settings

One of the first steps you should take is to adjust the privacy settings on your social media accounts. While making your profiles private doesn’t guarantee complete security, it does help limit who can view your posts. However, be aware that even with private settings, friends, followers, and mutual connections can still share your content, potentially exposing it to a wider audience.

 

Don’t: Post About Your Injuries Or Accident

Avoid posting anything related to your injuries, accident, or legal case on social media. Even seemingly harmless updates can be misconstrued or taken out of context, which can be used against you. For instance, sharing an update about your progress or posting about a recent activity can lead to questions about the accuracy of your injury claims. Refrain from discussing your accident, your recovery process, or any details about your case online until your lawsuit is resolved.

Do: Be Cautious About Who You Accept As Friends Or Followers

During your personal injury claim, be cautious about accepting “friend” or “follow” requests from unknown individuals. These connections could be investigators or individuals hired by the defence to monitor your activity. Limiting your social media connections to those you know personally can help you maintain better control over who has access to your posts.

Don’t: Post Photos That May Contradict Your Injury Claims

Be mindful of the photos you share on social media. Pictures of you participating in activities that contradict your claims of injury or pain can be used by the defence to argue that your injuries are less severe than you’ve described. Even if you are tagged in photos posted by others, they can still be accessed and used against you, so it’s important to manage your online presence carefully.

Do: Document Relevant Social Media Interactions

If you come across any social media posts or interactions that are relevant to your case, be sure to document them. Take screenshots, save the posts, and discuss them with your lawyer. This documentation can be important in supporting your claim or refuting any potential evidence used against you.

Don’t: Delete Posts Or Accounts

Avoid deleting posts or accounts related to your social media activity during your personal injury claim. Defence counsel may interpret these actions as an attempt to hide or manipulate evidence. Instead, focus on managing your online presence responsibly and consulting with your lawyer about any concerns.

Do: Maintain A Consistent Timeline

Be aware of the potential for timeline discrepancies caused by posting old photos or updates. If a photo from the past is shared on social media, it can create confusion about when it was taken, potentially complicating your case. Ensure that any posts you make are accurate and reflect the current state of your injuries and recovery.

Protecting Your Personal Injury Claim

To protect your personal injury claim, strategic management of your online presence is essential. Here are some key strategies to follow:

 

  • Limit Social Media Activity: Reduce your social media activity and avoid sharing details about your injuries, accident, or legal case. This minimizes the risk of inadvertently providing information that could be used against you.
  • Consult Your Lawyer: Discuss your social media use with your lawyer. They can provide guidance on how to manage your online presence in a way that supports your case and avoids potential pitfalls.
  • Monitor Your Privacy Settings: Regularly review and adjust your privacy settings to ensure that your posts are not accessible to the public. Be mindful of the fact that even with strict privacy settings, your content may still be shared.
  • Be Cautious With Tags and Mentions: Pay attention to posts or tags from friends or family. Even if you are not directly involved in the post, it can still affect your case. Consider discussing these issues with your lawyer if they arise.
  • Avoid Discussions About Your Case: Refrain from discussing the details of your case or your injuries on social media. This includes avoiding comments, updates, or opinions about the accident or your recovery process.

 

By following these guidelines, you can help safeguard your personal injury claim and protect your entitlement to compensation. Social media can be a double-edged sword, so managing it carefully is crucial to ensuring that it does not negatively impact your case.

Need Help With Your Personal Injury Claim?

If you’re navigating a personal injury claim after a fall accident or car accident, and have questions about managing your social media presence or any other aspect of your case, contact the personal injury lawyers at Melanson Law. Our team is here to provide guidance and help you take proactive steps to protect your legal rights and maximize your potential compensation. Reach out today to discuss how we can assist you in securing the best possible outcome for your personal injury claim.

Jessica Melanson <i class="fab fa-linkedin"></i>
Jessica Melanson

Jessica Melanson, an experienced personal injury lawyer and University of New Brunswick graduate, leads Melanson Law, a family-owned firm focused on injury law. Melanson Law is committed to getting our clients the best possible results. We use trauma-informed approaches with clients as we guide them through the injury law process. We provide our clients with the information and support they need to understand their claim and the system as we work diligently to resolve their claim.

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