If you are involved in a personal injury lawsuit, your social media accounts may become more important than you realize. Insurance companies and their lawyers may review publicly available posts, photos, videos, comments, and other online activity for information they believe could challenge your claim.
A seemingly harmless photo or post can sometimes be taken out of context. For example, a picture of you attending an event might be used to suggest that your injuries are less serious than you have reported. A post describing a vacation, physical activity or social outing could similarly be presented as evidence that you are able to do more than your claim alleges.
Even older content may attract attention. Changes in your privacy settings do not necessarily make previously public material disappear, and information shared by friends or family members may also provide a window into your activities. Insurance companies now hire social media investigators to find old posts are accounts associated with pseudonyms.
What Should You Do?
The safest approach is not to post any content to social media. If you must post, ensure that all of your accounts are set to maximum privacy. Think carefully before posting anything while your personal injury claim is ongoing. Avoid posting about your accident, injuries, lawsuit, medical treatment, or interactions with the insurance company. Do not exaggerate your symptoms—but do not assume that a casual post proves you are fully recovered, either.
Most importantly, be honest and consistent in your communications with your lawyer. If you are unsure whether something on your social media could affect your claim, discuss it with your legal counsel before taking action.
Bottom line: When it comes to social media and personal injury claims, assume that anything you post could eventually be examined in the context of your case. A little caution today can help protect your claim tomorrow.
