That Post On Social Media Could Cost You
With the exploding growth of Facebook, Snapchat, Instagram and other social media sites, it has become common for us to share with our “friends” all the details of our lives, whether they want to hear them or not. If you’ve been injured in a crash or been victimized by another’s negligence, you may have written about the accident, your injuries or your activities since the crash on one of your social media sites. Bad idea.
When a personal injury claim is made against an insurance company representing the negligent person or entity that injured you, investigators and attorneys working for the insurance company will seek to gain access to your social media accounts in order to find information about you to use against you in defending your claim. If you’ve posted photos showing you being active since the date of your injury, or traveling, or engaging in what you would consider your typical daily activities, the defense will try to use these photos or information to show to a jury that you could not be as injured as you claim if you can do all these activities documented on your social media sites.
At a recent trial, the defense effectively used photos of my client sitting on a swing that my client posted on her Facebook, taken 6 days after her car crash, to show that she was active after her alleged injury. The fact that my client literally just sat on the swing, and did not move, while her husband attended to their minor child, did not matter to the jury that found against her.
I strongly recommend that my clients cease posting on any social media sites after they have been injured. If my client is not willing to stop his social media mania, I insist that no writings or photos be posted which show my client partaking in any physical activity or even referring to any physical activity.
When it comes to personal injury claims and social media posting, perception is reality. Don’t give the defense any images or information to perceive in order to portray a false reality to the jury.