Social media posts can seriously damage a personal injury claim when they are taken out of context or used to challenge the severity of your injuries. What may seem like harmless photos or memes can be interpreted by insurance companies or opposing counsel as evidence that you are not as injured as you claim.
In many cases, social media content is reviewed during the claims process and, in some situations, requested during discovery. A Denver personal injury attorney can help explain how social media can destroy your personal injury claim and how to protect your case after an accident.
How can social media destroy your personal injury claim?
Once your claim is filed, the other party’s insurance adjusters start investigating the incident, which may include reviewing publicly available information. What they want is evidence that you contributed to the accident. After the case is opened, both sides have a discovery period to investigate the entire matter. Your social media posts and activity history, even if your accounts are set to private, are part of what can be requested in discovery.
Colorado applies a modified comparative negligence rule to personal injury claims. The plaintiff can recover only if they are less than 50% at fault for the accident. If the insurer shifts most of the blame to you, they owe nothing.
Plaintiffs who contributed less than 50% of the blame for the wreck will see their settlement reduced by the percentage of fault they contributed. If you were 20% to blame for a car accident and your damages were $10,000, the insurance company would only have to pay you $8,000.
Insurance companies evaluate claims based on liability and damages. Social media posts can be used to argue that an injury is less severe than reported or that a claimant contributed to the accident.
Anything you post about the accident or your ongoing personal injury claim on Instagram, TikTok, Facebook, or even LinkedIn can be misused to suggest that you’re healthy, working, and have experienced no identifiable damages.
What should I avoid posting on social media after an accident?
After an accident, it’s generally best to avoid posting anything on social media that could be taken out of context or used to question your injuries or credibility. Examples include:
Photos or videos showing physical activity
Images of you walking, exercising, traveling, or spending time outdoors can be used to argue that you were not seriously injured, even if the activity was brief or part of medical rehabilitation.
Posts from friends or family that tag you
Ask friends and family to avoid tagging you in photos or posts while your claim is pending. Insurance companies may review the accounts of people you regularly interact with to look for content involving you, even if you did not post it yourself. A well-meaning tag or comment from someone else can create confusion about your injuries or activities and add unnecessary complications.
Updates on professional or work-related platforms
Posts on LinkedIn or other professional networks can be used to argue that you are capable of working, even if your claim involves limited ability or missed work due to injury.
Accepting new friend or follower requests
New requests may come from insurance investigators attempting to access private accounts or monitor your social media activity more closely.
Status updates about the accident or legal case
Public comments about fault, injuries, or the progress of a pending case can be taken out of context and used to challenge your claim or complicate the legal process. Even casual updates or offhand remarks may end up being reviewed later in ways you didn’t expect, which is why staying quiet online is often the safest choice while a case is ongoing.
In most cases, the safest approach is to follow your lawyer’s advice and limit social media activity until your personal injury claim is resolved.
Get legal advice to manage all aspects of your claim
Managing a personal injury claim involves more than medical records and insurance paperwork. What you share online can also affect how your case is evaluated.
Zara Injury Law helps injured people understand how to protect their personal injury claims at every stage of the process. If you have questions about how social media activity could affect your case, call (866) 823-8288 or contact us online to schedule a free consultation.