Social Media posts can hurt Personal Injury CLAIMS:
Many people don’t realize that social media posts can hurt personal injury claims. Many would agree that a cellphone can be very helpful for gathering photographs of the accident scene and recording other information. But sharing those images and talking about the incident on social media can have serious consequences during a personal injury lawsuit.
Social media posts – including photos or details of the accident scene – could cause injury victims to lose the compensation they deserve, even if they were not at-fault.
Whenever someone is involved in an accident or any type of situation that results in a personal injury, it is extremely important to follow some simple guidelines and advice regarding social media usage.
The impact of social media on personal injury claims:
The process of settling a personal injury claim or lawsuit isn’t always fair, and it’s not automatic. The system was designed to help victims receive fair compensation for the hardships they’ve endured as a result of the accident. Recovery is often slow, painful and difficult with injuries and property loss associated with traffic accidents.
At the same time, the negligent party, their defense attorneys and their insurance claims adjusters are working hard to do whatever they can to minimize their liabilities. Their goal is to reduce the amount they have to pay a victim.
Part of that process includes using anything a victim has said against them.
Simple statements such as “I crashed my car”, “I’m sorry” or telling someone “I’m doing well” can hurt your case, suggest liability, and reduce settlements.
Furthermore, if a victim mentions anything negative about the negligent party, their lawyer, or their insurance, it can be used to suggest vindictive behavior.
Anything you post on social media can result in any of the above issues. Whether it’s taken out of context or someone skews your post, there is too much risk and no benefit to posting anything about your accident or lawsuit online.
Talking about your personal injury case on Social Media is risky!
Even if you think your page or profile is private, it’s not. It is important to realize that you have NO RIGHT TO PRIVACY on social media. Social media posts are not legally protected documents.
Text messages and emails are legally protected documents, which usually require warrants to collect. But be careful with what you say in those, as you wouldn’t want them to find anything damaging if those records are subpoenaed.
Social media postings are considered public statements, even if your profile is set to private.
While privacy settings can make it more difficult for your information to be found or discovered, interested parties such as insurance adjusters and opposing attorneys can still find and access the information.
Numerous court decisions have held that even when a user’s account is set to “private”, social media posts can be accessed during discovery proceedings. Even if the person demanding the posts was not among the social media user’s “friends” who had permission to access this information, they can still gain access to it. Posts intended to be shared only with friends can potentially be accessed by insurance companies during the discovery process.
You should NEVER talk about the incident or injury on social media.
This is extremely difficult for many people. Friends and family likely will inquire how you’re doing after an accident, and you’ll likely want to respond. Many injury victims think there’s no harm or risk in telling their story online – especially since they’re planning to tell the truth socially and in court.
But the problem is that even truthful and casual talk of the story may be used against you later.
When talking to friends, people aren’t always careful with their language. Different conversations may or may not include or omit details or use different wording to describe the same event.
A good defense lawyer will most likely capitalize on those different variations in order to try and suggest the victim is “changing their story.”
Do not talk about how you feel!
Describing your health, mood, attitude or mobility might be perceived in a relative way by friends and family. For example, after a fall or an accident, someone might say “I feel great today”. This might mean that their pain level has dropped from a 9 to a 7, or maybe they were able to get a few hours of decent sleep for the first time since the accident. But to the jury – great means great. While simple and subjective, this type of comment can be used to suggest someone isn’t as injured as they claim to be.
Avoid sharing photos and videos of any activities!
The road to recovery after an accident and injuries is often long and difficult. When people are limited in mobility and experiencing a great deal of pain, simple things like being able to go and get groceries, a social engagement, or attending an event can all feel like huge steps in the recovery process.
Many people feel inclined to talk about or share those experiences. However, those highlights shared during recovery are often used to create the impression that an injury victim is living an active and unrestricted life.
- Evidence of certain behaviors such as photos captured while driving, consuming alcohol, or other high risk activities could suggest the victim played a role in causing the accident.
- Someone pursuing lost wages or loss of earning capacity while showing off DIY home improvement projects or complaining about their job.
- Claiming incapacitating injuries while posting photos or videos of hiking, dancing, or other physical activities.
- A injury victim posting about future plans that are financially demanding such as going on vacation or making a large purchase.
- An accident victim posing happily for pictures in various places while claiming loss of enjoyment of life or pain and suffering.
- Settlement agreements often contain confidentiality provisions, therefore a victim should not announce the settlement on social media.
Examples of social media posts damaging personal injury claims:
![Settlement]( "Social Media posts can hurt Personal Injury Claims")
Facebook Post Results in Loss of $80,000 Settlement:
A former headmaster of a school in Miami sued his employer for age discrimination, resulting in an $80,000 settlement. The settlement included a confidentiality clause. The headmaster breached the confidentiality clause by telling his daughter, however, what really did the damage was when his daughter posted that her parents won the case and the school would be officially paying for her summer vacation in Europe. Once the information was discovered online, lawyers were able to prove not only a breach in confidentiality, but that students of the school were also able to view the damaging post. The headmaster ended up losing the entire $80,000 settlement.
TIK TOK user VIDEOS NEGATIVELY AFFECT PERSONAL INJURY SETTLEMENT:
One of the big things insurance companies look for on social media is photos and videos of the accident victim after the date of the accident. A teenager was doing TikTok dance videos, videos of them tubing in a lake, and videos of sports activities at school a week or so after the accident that affected their settlement.
WORKERS COMPENSATION BENEFITS DENIED AFTER PHOTOS SURFACE
A gentleman was injured over a decade ago when a piece of heavy equipment fell on them at work. After several surgeries, the victim was still in pain and attempted to extend their workers’ compensation benefits. They lost their benefits after a hearing which included the introduction of photos of the man “partying”. Those images revealed nothing more than the victim sitting at a bar having a beer with a friend.
LARGENT V. REED V. PENA MOTION TO COMPELL USER ID AND PASSWORD INFO
The case of Largent v. Reed v. Pena dealt with an additional defendant pushing defendant’s van into a motorcycle. Plaintiff claimed serious and permanent mental and physical injuries. The defendant filed a motion to compel user id and password information to access private portions of plaintiff’s sites as the public portions contained contradictory evidence to the claims asserted including photos of her enjoying life and posts of working out at the gym. The Court granted defendant’s motion in that case.
MOTION GRANTED TO PRODUCE ALL PHOTOGRAPHS ADDED TO ANY SOCIAL MEDIA SERVICE DEPICTING PLAINTIFF REGARDLESS WHO POSTED THEM
In the United States District Court for the Middle District of Florida Jacksonville Division, the Davenport v. State Farm Mut. Auto. Ins. Co. case involved the production of Facebook photographs depicting plaintiff from the date of the alleged accident since the plaintiff’s physical condition was at issue.
The court ordered the motion granted to the extent the Plaintiff shall produce all photographs added to any social networking service since the date of the accident that depict Plaintiff, regardless of who posted the photograph.
We always send our clients a letter reminding them to stay off of social media while treating for injuries.
Things you should not post on social media after an accident:
Do not talk about regret or apologies on social media
Even if you’re not at fault, apologizing for your role in a crash could be used against you to reduce the amount of a potential settlement. Never say you’re sorry, even if you are.
Do not share admissions of fault on social media
Most people wouldn’t get on social media to admit they broke a law which resulted in an accident. But even simple statements, such as “I crashed my car” can be misconstrued against someone to imply liability or guilt.
Do not share evidence that can minimize the extent of injuries on social media
This one happens too frequently. Photos from children’s sporting events, an evening at a concert with friends, or a weekend camping trip can all be used to suggest injuries aren’t as serious as what’s being claimed. It doesn’t matter if you’re following the doctor’s recommendations or taking pain medications to get through daily life or not. These types of photos can severely damage the outcome of any claim.
![Car accident with front and side damage]( "Social Media posts can hurt Personal Injury Claims")
Do not share photos or videos from the crash scene on social media
It’s extremely important for any accident victim to take photos and videos of any crash scene if they’re able to. But it’s never okay to put any of those things on social media during the course of a personal injury lawsuit as this evidence can be skewed to suggest something other than the truth.
Do not post angry, aggressive, or inciting rants on social media
People often like to vent on social media about the trials and tribulations of daily life and experiences. While it’s a natural response to seek support from friends within a social media circle, it can be very damaging to discuss the accident, the negligent party, their lawyer or insurance in an angry way.
DO NOT DISCUSS CONVERSATIONS YOU’VE HAD WITH YOUR LAWYER
Conversations held between a lawyer and client are protected by attorney-client privilege. But if those conversations are discussed with others, it can waive a person’s right to attorney-client privilege and the loss of a potentially important advantage.
EMOTICONS CAN EVEN BE USED AGAINST YOU
Yes, it’s true, even posting a smiley face could be used against you. You can not be too careful with anything you post online, ever.
DO NOT RESPOND IF YOUR CASE IS PUBLICIZED IN THE MEDIA
Some cases end up getting publicized in the media. While emotions may run high, it is important to resist the temptation to argue with critics, attempt to defense yourself or try to clarify misconceptions. 3
How to limit the impact of social media on a personal injury claim
Make sure any social media profiles are all set to be as private as possible.
This does not make social media account information unobtainable – with a subpoena that information is still accessible, no matter how private the settings are. But it will make finding posts and information much more difficult while also limiting who can access it.
On Facebook, profiles can be set to limit who can see future posts. They can also be set to enable the user to “review” all posts and things they’re tagged in. This one is especially helpful as it’s not always information you may post, but what others post about you – that can also be used against you.
The audience for past posts can be limited, and friends list can be set to be visible by “only me”. Hiding friends lists makes it more difficult for insurance adjusters and lawyers to comb through their profiles looking for evidence. It’s also important to select “no” to disallow search engines outside of Facebook to show your profile in search results.
Take the time to go through privacy settings on every social media account and profile to make them as private as possible.
Encourage friends and family to avoid posting about you on social media.
When talking with friends or family about an accident, it is important to encourage them to refrain from discussing your case on social media as well.
Insurance adjusters and defense lawyers look far beyond the injured victim’s social media and routinely review the profiles of friends and family of the accident victim in order to obtain evidence they can use agains them.
This is another reason why it’s important to make sure you can review anything anyone posts about you or tags you in, before it appears on your timeline.
Be careful with new friend requests and follows
It can be very difficult to know who is behind a social media profile. Whether it’s a former acquaintance you think you might know or a fake profile pretending to be someone else – the risk of accepting new friend requests and follows is too great during an ongoing personal injury claim.
What if things were already posted on social media?
Sometimes things get posted before people realize it might damage their claim or before they hire an attorney who would advise them to not post anything online. If this happens, it is important to not delete any of it. It could make it appear as if you’ve done something wrong. And even if you do delete it, the insurance adjuster or lawyer working against your claim most likely already found it and saved a screenshot.
Text messages AND EMAILS are not always safe!
As legally protected documents, text messages and emails are generally considered to be a bit safer form of communication. However, they can still be accessed. It is important to never say anything that could be misconstrued or used against you in any text or email. If those records are subpoenaed, they could have damaging admissions in them.
Be smart about social media postings and get better results. Don’t let social media negatively impact the financial recovery process.
For over 20 years, our Tampa Personal Injury Lawyers have been helping clients reduce the impact social media can have on their personal injury claims. This is yet another reason why hiring an injury lawyer is one of the first things anyone should do after an accident.
Immediate representation and advice from an accident attorney is the best way to learn what to do and not to do in order to maximize any financial reward an injured victim may be entitled to.
The best way to make sure social media doesn’t negatively affect a personal injury lawsuit is to stay off of it completely until the case settles.
Our Tampa INJURY Lawyers are ready to provide you with a detailed consultation for FREE!
Important facts to remember about social media and internet privacy
• Any information posted anywhere on the Internet, whether privacy settings are used or not, can still be seen, shared, or used in many situations.
• It is difficult to determine who is watching, sharing or reporting the information that has been posted online.
• Information and images have the potential to go public, even when privacy settings are enabled.
• While many people can agree to remain silent without an attorney or not admit fault, some still feel the need to talk about their cases online.
• The risk of sharing an unintended disclosure that could harm your case is too significant to ignore.
• It is strongly recommended they refrain from posting any information or images related to the case that they would not be willing to hand over to the attorney for the other party. Anyone who has suffered an injury or any other severe or disabling injury should immediately contact an experienced personal injury lawyer.
The complex issues involved in personal injury claims are another strong reason why anyone involved in any type of accident involving an injury should immediately contact an experienced personal injury lawyer right away.
We put multiple attorneys on your case in order to give it the extra attention it deserves.
Having an experienced attorney can help victims negotiate better settlements for injured victims going up against insurance companies.
At Fernandez Law Group, you are choosing a Tampa personal injury lawyer with an in-depth understanding of exactly how to work towards helping you get the compensation you deserve. If you have experienced loss due to a serious Florida injury, contact Fernandez Law Group to speak with a knowledgeable Tampa personal injury attorney today.