Attorney At Law
Why Social Media Matters in Personal Injury Cases
Insurance companies and defense lawyers see your social media posts as a goldmine of information. They routinely monitor (or try to) claimant’s public posts, photos, comments, and even tagged content to find anything that they can use to argue against giving you fair compensation for your injuries.
Anything you post online has the potential to be used against you. If your posts—or those made by your friends—seem to contradict your reported injuries, pain levels, or emotional distress, they can undermine your case. Even privacy settings won’t necessarily protect you—courts can order you to provide access to private content during discovery.
An innocent photo taken on a hike, at the gym, or on a family vacation, posted on your social media accounts might negatively impact your personal injury case. In today’s digital world, what you share online can be used against you, and even innocent posts can create serious problems for your personal injury case.
Examples of Problematic Social Media Posts
For victims of others’ negligence in Chicago and throughout Illinois, understanding how social media posts can affect your case is essential to protecting your right to compensation. To understand how risky online sharing can be during a personal injury claim, consider these examples:
1. The “Active Vacation” post: You share a photo from a ski trip after the incident that resulted in your injuries. The defense/insurance company will use it to argue that you were physically active after the incident and that you either were not injured as a result of it or are exaggerating your injuries.
2. The “Feeling Better” comment: On a good day, you post, “Finally feeling like myself again!” as a way to stay positive. The defense/insurance company will use to argue that you have fully recovered as of the date of the post even though that is not accurate.
3. The “Gym Check-In”: You tag yourself at the gym or fitness class; maybe you’re beginning the road to recovery, or maybe you’re there just to support a friend. The defense/insurance company will use it to argue you were not injured or must be exaggerating your injuries.
4. The “Family Fun Day” photo: A smiling picture with your kids at Millennium Park can be interpreted as evidence that your pain and suffering had resolved or that you are lying about how bad it is.
The point is, the defense/insurance company will use anything about you it can get its hands on to manufacture an argument that you are either not injured or you are exaggerating the nature and extent of your injuries and their impact on your life.
Best Practices: Protecting Yourself Online During a Case
If you’ve been injured and have an ongoing personal injury claim, follow these best practices to protect yourself:
1. If they are not already (and they should be), make all your accounts private.
2. Do not delete anything that you have already posted, because you cannot delete potentially relevant evidence, even if the posts are private.
3. Pause All Posting: Take a break from social media until your case concludes.
4. Don’t Discuss the Incident or Your Case Online: If you refuse to not post at all, at least make sure you don’t post anything related in any way to the incident that led to your injuries.
5. Ask Friends and Family Not to Post About You: Well-meaning posts can still harm your claim.
6. Consult Your Lawyer Before Making Any Public Statement: Your attorney can help you understand what’s safe to share.
How A Personal Injury Attorney Can Help
An experienced Chicago personal injury attorney can guide you through the do’s and don’ts of social media during your case. Your lawyer can:
- Advise you on what’s safe to post and what could jeopardize your claim.
- Handle discovery requests for social media content and challenge overreaching demands.
- Protect your rights by ensuring you remain compliant with court rules without compromising your case.
When in doubt, don’t post. Social media can wait, your recovery and your case cannot. Protect your privacy, protect your claim, and let your attorney guide you through every step of the process.
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At Vaziri Law LLC, our dedicated legal team has the experience, resources, and determination to protect your interests and maximize your recovery. Navigating a personal injury claim can be complex—but you don’t have to face it alone. Please contact us today to schedule a meeting with our team.