Social Media in a Personal Injury Case

individual on laptop with social media icons

The use of social media has become ingrained in many of our lives. From random tweets to vertical videos on TikTok, there are seemingly endless ways for us to make our presence known on the internet. But just because something is widespread does not mean it is safe. Taking precautions when posting on social media is something everyone should do in general; but it is especially important if you are pursuing a personal injury case. Read our article to find out ways in which social media may harm a personal injury case and tips for avoiding situations that may impact your settlement. 

How Social Media Can Hinder a Personal Injury Case

The main way in which social media can hinder a personal injury case is by acting as evidence to the contrary of your purported injuries. A harmless post of you out with friends or checking in at the gym after your accident may be used by the defense to prove you are lying about the extent of your injuries and/or discomfort. 

Your social media activity may also be used to paint a negative portrait of your character. Posts or images of you engaging in “reckless” or “risky” behaviors, such as drinking heavily or participating in extreme sports may be used to try and reduce your credibility as a victim. 

Do Insurance Companies Review Social Media?

Yes. In some cases, an insurance company or defense team may request access to your social media accounts, even if they are private. If there is good cause, you may even be subpoenaed for deleted activity or disabled accounts. 

If your insurance or another third party  is asking for this information, consult with a qualified personal injury attorney before granting access. He or she will make sure your rights are not being violated and assist you in collecting legally obtainable information.  

Tips for Staying Safe on Social Media During a Personal Injury Case

In this day and age, asking someone to avoid social media entirely is a tall order. You may find it more achievable to follow a few guidelines rather than eschewing it altogether. If you do continue posting on social media, keep the following tips in mind:

  • Do not allow yourself to be tagged in any images, statuses, locations, or comments
  • Do not “check in” at various locations
  • Review comments carefully or disable them
  • Review privacy settings so only those closest to you can view your posts
  • Do not mention anything regarding your injury or your case
  • Do not disclose discussions with or advice from your attorney
  • Do not accept friend requests or reply to messages from people you do not know

Legal Assistance for Your Personal Injury in Colorado

If you have been in an accident and need expert legal advice, contact Dave Roth with the Roth Group. Dave has years of experience defending his clients in and out of the courtroom. He is a compassionate insurance and personal injury attorney who will work tirelessly to help you achieve a fair settlement. Call or go online today to schedule your free consultation.