Personal injury and social media: How might social media affect my case?
Personal Injury - January 31, 2024
The information you share on social media tells a story about your life and health that can be used to influence the outcome of a personal injury case. Setting an account to the strictest privacy settings is of little use to keep posts from impacting a claim’s result. A Chicago personal injury attorney at Horwitz, Horwitz & Associates can offer more valuable insight and guidance about how actions like posting on social media may impact your case.
Will social impact a personal injury claim?
Many elements can reduce the settlement you receive from the insurance company during a claims process. Social media and personal injury claims are risky since insurance investigators may view your posts, likes, shares, pictures, and social media tags as proof your injuries are not as severe as you claim.
When you are involved in an accident or other incident, you should refrain from posting about it on social media. You should also limit your conversations about the situation to your attorney and their staff. Insurance adjusters will scour the accounts of everyone you know to gather any information that could be used to reduce your settlement.
What does a social media post prove?
Most people believe an insurance claim or legal matter is limited to what is said in negotiations or the courtroom. However, the other side of your personal injury claim will take every step necessary to support their side of things. By reviewing your social media posts, the insurance company may be able to demonstrate the following facts based on a social media post:
- Your injuries are less severe than you reported.
- Future medical care and covering their costs are likely unnecessary.
- Your injuries have no impact on your ability to enjoy life.
- Your damages do not affect your ability to perform routine work.
- Your injury has not influenced your emotional health.
- Social media pictures and videos of physical activities do not represent evidence of pain and suffering.
These are only a few ways an insurance company may successfully shed doubt on the extent of your injury and reduce your claim. Ask friends and family to avoid tagging or posting about you on social media until a personal injury claim is resolved. In the meantime, your attorney will work to maximize your settlement amount.
Does social media impact jurors?
When a fair settlement for your injuries cannot be negotiated with the insurance company, a personal injury claim will proceed to trial. Even federal courts give jury instructions prohibiting jurors from seeking information regarding a case online to encourage impartiality. However, social media’s impact may significantly influence the outcome of a jury’s verdict, limiting your ability to receive fair compensation for your damages in a Chicago personal injury case.
Should I delete my social media posts?
Deleting social media and personal injury may raise flags that an individual is trying to hide information. This only damages your interests instead of protecting them. The best approach is to step back from social media and discontinue any interaction. Social media posts will never benefit a personal injury case, but they do have the potential to compromise them severely.
How can a personal injury attorney in Chicago help me?
Chicago personal injury attorneys provide the guidance and navigational skills to protect your personal injury claims by guarding against behaviors that may damage a case, such as social media use. Contact Horwitz, Horwitz & Associates to protect the integrity of your personal injury case and the compensation you deserve by scheduling a free consultation online or by calling (800) 985-1819.
