In today’s interconnected world, social media has become integral to daily life and sharing important news. While sharing personal experiences online may seem harmless, your social media activity can significantly impact your personal injury case. Insurance companies and defense attorneys may routinely monitor your social media accounts, searching for anything you have shared or posted that contradicts your claimed injuries or diminishes the severity of your situation.
At Callahan & Blaine, PC, we understand how social media activity, including posts and comments, can affect your personal injury claim. With over 40 years of experience and a record-breaking $934 million jury verdict in Orange County, our team of 30 highly experienced trial lawyers understands how to protect your case from common pitfalls. We offer guidance on navigating social media during your personal injury case to help maximize your potential recovery.
Common Social Media Mistakes to Avoid
Insurance adjusters and defense attorneys actively search for evidence to minimize or dismiss your claim. They may take seemingly innocuous posts out of context and use them against you. For instance, if you claim severe back pain but post photos of yourself hiking or engaging in physical activities, these images may undermine your credibility. Even posts that predate your injury might be used to suggest you had pre-existing conditions.
At Callahan & Blaine, we can help you avoid the following social media mistakes that can jeopardize your case:
- Posting photos or videos of physical activities contradicting your injury claims
- Discussing details of your accident, injuries, or legal case online
- Checking in at locations suggesting you are more physically active than claimed
- Accepting new friend requests from unfamiliar people who may be working for the defense
- Allowing friends to tag you in photos or posts showing physical activities
- Making statements about your emotional state contradicting claims of emotional distress
- Deleting posts after your accident (which can be viewed as destroying evidence)
While you may assume setting your accounts private will prevent these issues, it only offers limited protection. Even “private” content can be obtained through discovery requests, and friends may share your posts with others. The safest approach is to assume the defense or insurance company will eventually see anything you post.
How to Protect Your Personal Injury Case While Using Social Media
When you file a personal injury claim, you put certain aspects of your life at issue, including your physical condition and activities. This gives insurance companies and lawyers the right to discover evidence about these topics. Attempts to delete posts or social media accounts after filing a claim can backfire severely, as this may be considered a spoliation of evidence.
While completely abstaining from social media during your case may be the safest option, we understand this is not practical for everyone. If you are one of the 4.8 billion social media users who maintain an online presence, we recommend adhering to the following guidelines:
- Privacy settings: Review and strengthen your privacy settings on all platforms, limiting who can see your content and tag you in posts. However, remember privacy settings are not foolproof protections.
- Inform loved ones: Inform friends and family about your case and ask them not to post about you or tag you in activities. Even well-meaning loved ones can inadvertently damage your claim with innocent posts.
- Second opinion: Consider having a trusted friend or family member review your posts before publishing them, providing an objective perspective on how the content might be interpreted.
If you are uncertain about posting something, ask yourself if you would feel comfortable having a judge or jury see the content. If not, do not post it. With our informed, trusted guidance throughout your personal injury case, you can better manage your social media use and make smarter decisions to increase your chances of maximum compensation.
Contact Callahan & Blaine for Experienced Personal Injury Representation
Personal injury cases require meticulous attention to detail, and your social media activity is a crucial component often overlooked. At Callahan & Blaine, our team has secured hundreds of multimillion-dollar verdicts and settlements for our clients over our 40-year history, including the largest personal injury settlement in United States history at $50 million.
Our 30 highly experienced trial attorneys understand the nuances of personal injury litigation and can guide you through every aspect of your case, including managing your social media presence. For strategic guidance on your personal injury claim and personalized advice on protecting your case, contact us at (714) 241-4444 or through our contact form.
