The Impact of Social Media on Personal Injury Cases

social media and personal injury claims

With the ability to record any event at the click of a button, it’s very easy to document nearly every aspect of our daily lives through social media. This extends to accidents that occur around us or that we might find ourselves in. In this ever-shifting digital age, our legal team wants you to know how best to use social media to your benefit if you find yourself in an accident.

Protect Your Privacy on Social Media After a Personal Injury

Insurance agents will be looking for anything that would negate your claim or “prove” you aren’t injured, so it’s a good idea to:

  • Set your account to private or friends only after a personal injury
  • Lock down the ability for others to share posts
  • Limit what you post and think critically about its impact

You don’t want insurance companies to be able to use your old or current posts against you.

Common Mistakes to Avoid on Social Media After an Accident

  • Do not post updates on how you’re doing.
  • Do not “check-in” at locations; this could make you seem more active than you are.
  • Do not post pictures or inspirational posts of yourself; pictures, where you’re out doing activities or talking about “overcoming the difficulties” you faced during the accident, can actually hurt your claim.

It’s best practice to talk to your legal team about what you can share or avoid social media altogether.

Can I Sue Someone for Posting About My Accident on Social Media?

You can, but this might not get you very far unless you can prove that their post was uploaded with malicious intent or drastically harmed your claim.

How Social Media Posts Can Be Used as Evidence in Personal Injury Cases

Video posts, such as live stream feeds or taped footage from someone’s personal account, can be used as proof of what happened in an accident. If multiple people filmed the accident and posted it, you may have several angles to corroborate your claim.

Can Social Media Help Me Build a Stronger Personal Injury Case?

Social media can also be a helpful tool to connect with witnesses. You can:

  • Find bystanders who were at the accident
  • Connect with potential witnesses who can corroborate your claim
  • Have witnesses send relevant photos or video to you

Using Social Media to Find Witnesses and Evidence in a Personal Injury Case

  • Reach out to bystanders over their social media to get videos or pictures they took.
  • Use videos and pictures to identify more people at the scene, and contact them.
  • If your accident happened near a specific location, see how many people “checked in” or tagged their location so you can find more witnesses.

The Impact of Social Media on Settlement Negotiations

Remember, a personal injury claim can take months to resolve. Forgo posting on social media when navigating a personal injury claim so that insurance companies can’t use your daily actions against you.

Contact Pastrana & García Injury Law Today

Our legal team can help you make wise social media choices and understand how they can affect your personal injury claim. Talk with our lawyers at 512-474-4487 or contact us online. We’re here to answer any of your questions.

If you are injured in an accident in Austin, do not hesitate to contact Pastrana & García Law Firm.

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