A Guide to Social Media and Protecting Your Personal Injury Case

Social media has truly become an integral part of our lives. We use it to stay connected with loved ones, share news and experiences, and document our lives.

However, social media can also be a tool that insurance companies and opposing counsel use against you if you are involved in a personal injury case. They may try to obtain information that can be used to undermine your claim or to argue that you are not as injured as you claim. That is why it is crucial to be mindful of your social media presence if you are involved in a personal injury case.

Avoid Social Media If Possible

Most personal injury lawyers will tell you to avoid social media if possible after you’ve been injured in an accident. That’s because anything you post on social media can be used against you in your case.

For example, if you post photos of yourself on vacation after your accident, the insurance company may argue that the injury isn’t as serious as you claim. Or, if you post about your accident on social media, the insurance company may use your own words against you.

Instead of using social media, it’s best to talk to your personal injury lawyer about how to communicate with your friends and family about your accident. Your lawyer can help you craft a statement that will not jeopardize your case.

Set Your Accounts to Private

When pursuing a personal injury case, it is crucial to take measures to protect your privacy. This includes setting your social media accounts to private. By doing so, you can control who has access to your information and prevent opposing counsel from snooping through your posts.

There are a few different ways to set your accounts to private. On Facebook, you can adjust your privacy settings by clicking on the padlock icon in the top right corner of your screen. From there, you can select who can see your posts, photos, and profile information. On Twitter/X, you can set your account to private by going to Settings and Privacy and selecting “Protect your Tweets.” On Instagram, you can set your account to private by going to Settings and turning on the Private Account option.

Never Share Any Information About Your Case

Generally, you should avoid sharing any information about your case with anyone other than your personal injury attorney. This includes information about the accident, your injuries, and the insurance claim or lawsuit.

There are several reasons for this. First, the insurance company will be looking for any reason to deny or lowball your claim. If you post something on social media that contradicts what you told your attorney or the insurance adjuster, they will use it against you.

Second, even if you are not posting about your case specifically, anything you post on social media can be used against you. For example, suppose you post photos of yourself participating in activities that you claimed were too painful to do because of your injuries. In that case, the insurance company will use those photos to argue that you are not actually injured.

Finally, if your case goes to trial, anything you post on social media will be fair game for the other side. They will comb through your posts and photos, looking for anything they can use to discredit you in front of a jury.

Final Thoughts

To protect your personal injury case, it is best to avoid social media altogether. If you must use social media, make sure you set your accounts to private and be very careful about what you post. Even when setting your accounts to private, there are cases where judges have forced injured parties to allow insurance companies and their lawyers access to photos and posts on your social media.  If you have any questions about how something you want to post might affect your case, always consult with your attorney first.

Get the compensation you deserve with the help of Parlatore Law. We are a personal injury lawyer in Niagara Falls serving the surrounding areas of southern Ontario, including Niagara Falls, St. Catharines, Niagara-on-the-Lake, Welland, Fort Erie, Thorold, Port Colborne, Fonthill, Pelham, Grimsby, Stoney Creek, and Hamilton. We have the experience to guide you through these difficult times and find the correct legal solutions for your needs. Get in touch with us today!