After being hurt or injured in an accident, you may decide to file a personal injury claim against the negligence party. This is a good idea for those seeking compensation to pay for their losses and to help them get by during their lengthy recovery process. However, it is important to keep in mind that insurance companies are ready and prepared to put up a strong fight to avoid paying you the money that you are owed.
This may lead them to your social media pages and sites, searching for anything they can use against you and to prove that your injuries are not as severe as you stated. If shutting down your social media accounts is not possible, we recommend that you follow these six tips to ensure that you do not make small and innocent mistakes that could jeopardize your entire personal injury case.
1. Do not create a post mentioning or giving details about your accident or injuries on any social media accounts
You may want to update your family across the country about your recent car accident or simply let your parents or siblings know how your recovery from surgery is going after a traumatic slip and fall at your local grocery store. However, it is highly recommended that you refrain from creating a post mentioning or giving any details about your accident or injuries on your social media accounts. This includes Instagram, Facebook, Twitter, LinkedIn, or any other social media platform. You may think that this is completely harmless, but insurance companies and investigators are searching for any valuable information and details that they can find.
2. Do not vent on social media
You may be feeling stressed, frustrated, and overwhelmed after your accident. As a result, you may decide that you want to vent to your family and friends on social media. However, this is a very bad idea as what you are feeling at the moment could create the impression of false narrative. If you exaggerate or make a hyperbolic claim about your accident, the insurance company could imply to the court that you cannot be taken seriously and that you are not honest or trustworthy. If you feel like you need to urgently talk to someone about your feelings, you may want to consider scheduling an appointment with a counselor or psychologist.
3. Avoid mentioning how you physically feel in a social media post
While you are recovering and healing from a motorcycle accident, you may decide to get on Facebook and tell the world how great you are feeling today. With all the downs you have experienced lately, why wouldn’t you want to shout that you are feeling wonderful for the first time in months? However, you must pause and take a minute to think about how this could affect your personal injury claim. If the insurance company sees that you were feeling great, this may be used against you to indicate that your injuries are not as serious as you claimed. Therefore, it is best to avoid mentioning how you feel in a social media post.
4. Avoid checking in at places on social media
There’s this tool that you may be aware of that allows you to “check in” to various places on social media. It is a way to let your family and friends know where you are and what you are doing at the moment. For example, people may check into the gym, a bar, a restaurant, a club, or even their local shopping mall or supermarket. Overall, we feel doing this is a mistake.
It is none of the insurance company’s business where you are and what you are doing. However, if you post it on social media, you make it their business. If you check into your local gym, movie theater, or amusement park when you are supposed to be at home recovering and healing from your injuries, the insurance company will likely make the claim that you lied about your injuries and inability to work.
5. Do not post photos or videos on social media during this time
After being involved in a dangerous truck accident, or sustaining injuries from a fall on a worksite – in short, after living through an incident where you thought that you might not survive – your whole outlook on life may have changed. You may now want to post more photos and videos with your friends and family members, showing how much you are enjoying life and being in the presence of the people you love. However, you may want to think twice about doing this as the insurance company may show the judge or jury your photos and videos, which may give the appearance that you have fully healed from your injuries.
6. Do not respond to online conversations about your injuries
You may decide to refrain from making any posts regarding your accident on social media accounts. However, if you do not warn your family and friends and let them know that you cannot talk about your accident online, you may soon notice that your social media timeline is flooding with questions and comments surrounding your accident. The insurance company will be looking to see what is said as well as your replies in hopes that they can use this information in court.
Taking a break from social media when going through the personal injury legal process is ideal. However, our team at the Law Offices of Pat Maloney understands if that is not possible. Pat Maloney is a San Antonio personal injury lawyer who is dedicated to answering questions and providing exceptional legal advice for clients who need it during this tough time. Schedule your free and confidential consultation at our San Antonio office to learn how to protect your claim today. Call the office or submit our contact form today.
Pat Maloney, Jr. is a skilled San Antonio personal injury lawyer who has acted as lead counsel and co-counsel in many multi-million dollar verdicts throughout Texas. Pat Maloney represents people injured in car accidents, truck accidents, construction accidents and more. He is well known for his expertise in representing victims of serious personal injuries and has participated as a lecturer in the field of personal injury litigation. He has been named as one of the “Best Lawyers in America” Reference Book every year for the last five years.