Why Social Media Silence is So Important if You’ve Been Injured

Social media has become a standard way to communicate with friends and family. It provides a connection to others at times when we feel alone and vulnerable. So if you’ve been hurt in a car accident or due to a medical mistake or other negligent actions, it is natural to feel inclined to talk about it on your favorite social media platform. Your posts enable you to get sympathy from friends. It is also a way to update people on your recovery without sending fifteen different messages every day. When you’re not able to get out and see people, social media can feel like a vital connection, keeping you engaged with the life you’ve been separated from.

Unfortunately, however, social media can also destroy your ability to recover compensation for your injuries, and that means you should avoid it at all costs. Not only should you avoid posting anything on your own pages, but you also should not comment on the pages of others. An experienced injury lawyer in Tallahassee explains some of the reasons why social media can be so harmful to your claim.

Posts are Not Private

Even when you have social media set to keep posts “private,” there are several different ways that insurance companies and defense attorneys may be able to access the information. At least one Florida court has held that in a personal injury case, the defense team has the right to see photos and other information on an accident victim’s social media page, even if the page is set to exclude access to anyone other than approved “friends.” 

The reasoning was that the victim’s mental and physical condition was a key issue in the lawsuit, and the relevancy of the photos in showing the victim’s condition was considered to be more important than the victim’s right to privacy. The court noted that parties in a lawsuit may use litigation tools to obtain any information that is not privileged, so long as it is relevant to the claim or the defense to the claim. The standard is whether the information requested is “reasonably calculated to lead to the discovery of admissible evidence.”

In that case, and in many personal injury lawsuits, the accident victim was seeking compensation for the damage to her quality of life. To determine the extent to which her life had been impacted by her injuries, photos of her behavior before and after the accident were highly relevant, and the defense was able to access those photos.

So, it is important to be aware that anything posted by you or about you could potentially be viewed by the insurance company and defense attorneys working to defeat your accident claim. These professionals are highly skilled at using evidence to prevent accident victims from receiving compensation for their injuries, even when those injuries are severe.

Social Media Posts Cannot Be Deleted Safely

Once information is posted, there is a good chance it will remain accessible somewhere, even if the original post is deleted. You cannot ever be sure that the information in a post is gone. 

Moreover, when there is evidence that information has been posted and then removed, it creates a presumption that the person who removed it had something to hide. This presumption can be more damaging than the deleted information.

Finally, deleting posts after a lawsuit has been filed could be treated as destroying evidence, which is illegal. Removing evidence not only makes you look culpable, but it also can lead to legal penalties.

How Posts Can Be Used Against You

We’ve all heard stories about people who claim to be too injured to work, and then later they are shown in photographs skydiving or participating in other vigorous activities. Most people aren’t that dumb or dishonest. But even an innocent post on social media can be twisted and used against you. Here are some examples:

• A photo of you smiling at the dinner table can be used to argue that you are not in pain from your injuries. Most people can manage a smile for a few seconds, even when they’re in agony, but the moment in time that is captured and put on display is the smile, not your near-constant grimace of pain
• A post referring to your attendance as a spectator at a baseball game could be used to show that you’re not disabled by your injuries. You might have needed a wheelchair to get to the game, and you may have only been able to stay for a few minutes due to discomfort, but those limitations are not evident in the post.
• An answer to a friend’s inquiry in which you say you’re “fine” or “better” is used to prove that you’re no longer hurt.  You may be trying to keep your friend from worrying and trying to stay positive. But the defense team will use that as evidence that your injuries were never serious.
• Location tags show you were driving around town, not at home, as you claimed. You may have driven to doctor appointments and to pick up prescriptions or equipment, but that is not obvious from the limited location data provided

It is important to be aware that any evidence can be manipulated to use against you. It is wise to try to avoid creating that type of evidence, but it is also essential to know how to refute the arguments successfully if they are raised. This is one reason it is crucial to work with a knowledgeable Tallahassee injury lawyer.

Searcy Denney Tallahassee Knows How to Overcome the Challenges to Succeed with Personal Injury Claims

Strategic recovery and use of information from social media is just one of the many ways insurance companies and defense attorneys work to deny compensation to people injured in truck accidents, motorcycle accidents, and other incidents where someone’s irresponsible conduct causes an accident. To prevail against these experienced defense advocates, the injured person needs to work with a legal team that has the right knowledge, dedication, and skill.

At Searcy Denney Tallahassee, we know that even when our clients do everything right, defense attorneys will still find a way to attack their claim. If you avoid social media entirely, for instance, someone who snapped a picture of you may still post it and tag you without your knowledge. That’s why we are always working to be prepared with evidence and arguments to overcome the challenges we know will come. Our preparation is often the key to success.

For a free case evaluation to discuss what may be possible in your situation, call us at 888-549-7011 or contact us online today.