Impact of Social Media on Personal Injury Cases

Social media platforms allow people to stay in touch easier than ever before. Some people use social media every day, while others only occasionally check their Facebook, Instagram, or X feeds. Nonetheless, more than two-thirds of all Americans have at least one social media profile.

A little known secret is that what you share on your social media account can dramatically impact your personal injury case. Any public profile is discoverable—especially by insurance claims adjusters who are trying to find everything they can about you. Some of the information you post could undercut your claim, and you might receive no money depending on what you say on Facebook or another profile.

Surasky Law Firm is dedicated to ensuring accident victims receive justice, including fair compensation for their injuries suffered in an accident. Below, our Aiken personal injury lawyer identifies how social media posts can impact your case. If you need help with your personal injury case, please contact us today.

You Can Inadvertently Admit Fault for an Accident

Your ability to receive compensation depends on someone else having most of the blame for the accident. We call this blame “fault.” In a personal injury case, a defendant is at fault because they were negligent in their behavior. As an example, a careless driver might drift over the center line and crash into a car. The driver is at fault because their negligence is to blame.

South Carolina has a modified comparative negligence standard. Under the law, your negligence is compared to the defendant’s. If you are more than 50% to blame for your accident, then you will receive no compensation. Even someone 50% or less at fault gets their compensation reduced proportionally.

If you post about your accident, you might inadvertently admit to being at fault for the crash. Even innocent statements can be construed to show you were not paying careful attention. For example, you might write, “Got into a wreck after my 12 hour shift!” or “I’m ready for bed, and this happens!” These statements make it sound like you were too tired to drive carefully.

The less you say on social media, the better. In fact, we recommend not posting about the accident at all. Wait until your case is finished. Insurance companies have their claims adjusters scour the internet for information to use against you. They will also sift through your social media profiles and scrape any information they can to show you are to blame for your injuries.

Your Check-Ins Undermine the Severity of Your Injuries

You can receive compensation for economic losses like medical care and lost wages. But you can also receive money for whatever pain and disability you experience. Suppose you break a bone and suffer a concussion after a car accident. You should receive money for your pain and suffering.

Unfortunately, some social media platforms will check you in whenever you visit a business or store. An insurance adjuster might use this information to show you were traveling a lot after the accident, even though you claimed to be in intense pain.

You Accidentally Show You Are Not in Pain

A picture is worth a thousand words. If you have pictures showing you smiling at a niece’s graduation party or hugging someone at a family reunion, then the insurance company will use them. They will argue these pictures show your mobility was not greatly limited or that you were not experiencing intense pain. They might even claim you are a liar who will exaggerate your symptoms for money.

Of course, pictures can be deceiving. You might have needed three painkillers just to get through your niece’s graduation. A picture captures only a split second in time. But it’s best not to have any pictures showing you outside your home or smiling.

Unfortunately, friends might post pictures of you and then “tag” you in them. That is also a problem. Sadly, you cannot control what other people post about you. You can ask friends and family not to post anything related to you, but they might not listen. However, you can limit the ability of people to tag you in them. You should do so.

You Contradict Your Testimony

You might end up giving a deposition in your personal injury case. You’ll answer questions from the other side about what happened both before and after the accident. You always want to tell a consistent story to build credibility.

Your social media posts could ultimately come back to impeach your testimony about the accident. This is another reason not to post anything until your case is settled or you go to trial. There is no reason to give the other side any ammunition to use against you.

How Can You Respond?

Some people can’t believe that insurance adjusters will use their social media posts in a personal injury case. But the law in South Carolina allows them to. Anything you post is considered your own statement, so it is admissible even if you don’t want to testify.

Helpfully, there are some simple things you can do to lower the risk:

Don’t post about the accident.
Set your profiles to private.
Do not add any new friends until your case is over.
Discuss the accident with friends and family in person or over the phone so there is no paper or digital trail.
Do not post any pictures about yourself until your case is resolved.
Work with your attorney if you have any questions.

Social media misuse can cost accident victims money. You might end up with $0 because of a post you didn’t know could be used against you.

Speak with a Personal Injury Lawyer Today

Our team is committed to helping you through the personal injury claims process. We have obtained millions for men and women injured in motor vehicle collisions and in premises liability cases. You owe it to yourself to get an experienced attorney to help with a claim. Contact Surasky Law to schedule a consultation in private. We can discuss in greater detail proper social media etiquette when working through a personal injury claim.