As you recover from a car accident that left you with severe injuries, it may be natural to feel the need to share your experience on social media. Is this a harmless act? Not necessarily. In the digital age, seemingly innocent online activity can significantly affect your personal injury claim.
Your online presence can have unintended consequences
Social media posts can offer valuable insights about your physical and emotional state after an accident. Here are some ways your online activity can harm your claim:
- Photos and videos showing physical activities may contradict your injury claims
- Check-ins at locations can suggest you are more active than reported
- Posts about emotional well-being might conflict with claims of pain and suffering
- Discussions about the accident could be used against you in court
- Deleted posts may be interpreted as an attempt to hide evidence
New York is a pure comparative negligence state, which means you may receive reduced compensation depending on how much responsibility you bear. Social media posts that suggest you were partially responsible for the incident could significantly impact your claim’s value.
That said, insurance adjusters and defense lawyers may use this information to challenge how severe your injuries are or their impact on your daily life. This is to ensure that the at-fault party will pay a lower amount in compensation for your injuries or nothing at all.
Insurance adjusters may take innocent posts out of context. For instance, they may argue that a photo of you smiling at a family gathering shows that your injuries are not as severe as you claim, even if you were in pain during the event.
Protect your rights and maximize your compensation
To protect your claim, it is best to limit your social media platforms’ privacy. Avoid posting about your accident, injuries or recovery, and ask friends and family not to tag you or post about your situation. Refraining from discussing your case or legal strategy online can also be helpful.
Often, the most effective way to safeguard your interests is to have an experienced personal injury attorney lead your case. Your attorney can properly preserve and present any relevant evidence to support your claim and fight for the full compensation you deserve.
