Social media has become an integral part of daily life. From sharing photos and updates to connecting with friends and family, it’s hard to imagine going a day without scrolling or posting. However, if you’re pursuing a personal injury claim in New Jersey, your social media activity could jeopardize your case. Insurance companies and defense attorneys are increasingly using social media as a tool to discredit claimants, often taking posts out of context to reduce payouts or deny claims altogether.
This guide will explain why you should be cautious about your online activity, highlight common personal injury mistakes, and provide tips to protect your rights during a personal injury claim.
Why Social Media Can Hurt Your Personal Injury Claim
When you file a personal injury claim, you’re asking for compensation based on the impact of your injuries. Social media activity can be misinterpreted or misrepresented to contradict your claims. Here’s how:
Contradicting Injury Claims
Photos or videos showing you engaging in physical activities—even if they’re unrelated to your injuries—can be used to argue that your condition isn’t as severe as claimed. For instance, if you post a photo of yourself at a family gathering and appear to be having fun, insurers might argue that your pain and suffering are exaggerated.
Timeline Discrepancies
Posting about events or activities shortly after the accident can create a timeline that the defense uses to question the validity of your injuries. For example, posting a smiling selfie the day after an accident could suggest you’re not seriously hurt, even if the injuries manifest later.
Public Perception
Social media is often used to paint claimants in a negative light. Innocent posts can be twisted to suggest dishonesty, irresponsibility, or an attempt to manipulate the system.
Should I Post on Social Media If I Have an Open Personal Injury Claim?
The short answer is: it’s best to avoid posting on social media altogether until your claim is resolved. Here’s why:
Privacy Isn’t Guaranteed
Even if your accounts are set to private, insurance companies can still gain access to your posts through legal means or by examining public interactions.
Posts Can Be Taken Out of Context
A photo of you attending a friend’s wedding might be used to argue that you’re not in pain, even if you only attended briefly and were in discomfort the entire time.
Friends and Family Can Complicate Matters
Posts from others that tag you or mention your activities can also be scrutinized. For example, a well-meaning friend might post, “Great to see you out and about!”—a statement the defense could use to downplay your injuries.
Unique Examples of Social Media Missteps
While many examples of social media pitfalls involve obvious issues, some are less straightforward. Here are unique situations where social media has impacted personal injury claims:
"Check-Ins" Gone Wrong
A New Jersey resident involved in a slip-and-fall accident checked in at a local yoga studio on Facebook to support a friend’s new business. Despite not participating in the class, the check-in was used to argue the claimant was physically fit and exaggerating their injuries.
Old Photos Misinterpreted
An accident victim posted a throwback photo of themselves skiing months before the injury. The defense presented the photo as recent, suggesting the claimant was engaging in high-risk activities post-accident.
Innocent Comments
A claimant commented, “Finally feeling like myself again!” on a friend’s post unrelated to the injury. The defense used this comment to argue that the claimant had fully recovered, despite ongoing treatment.
These examples illustrate how even seemingly harmless online activity can harm your case.
Additional Personal Injury Mistakes to Avoid
When pursuing a personal injury claim, avoiding social media missteps is just one aspect of protecting your rights. Here are additional mistakes to steer clear of:
Delaying Legal Action
Waiting too long to consult a personal injury lawyer can weaken your case. Evidence and witness testimony can fade over time, giving the defense more opportunities to dispute your claim.
Speaking Directly to Insurers
Insurance adjusters may seem friendly, but their goal is to minimize payouts. Providing a recorded statement or signing documents without legal advice can harm your claim.
Ignoring Medical Advice
Failing to follow prescribed treatments can suggest that your injuries aren’t as serious as claimed. This can undermine your case, even if the oversight was unintentional.
How to Protect Your Personal Injury Claim From Social Media Pitfalls
If you’re pursuing a personal injury claim in New Jersey, take these steps to safeguard your case:
Deactivate Accounts Temporarily
While it’s not always practical, deactivating your social media accounts during the claims process can eliminate potential risks.
Monitor Privacy Settings
Ensure your profiles are private and limit visibility to close friends and family. However, remember that even private posts aren’t entirely safe.
Avoid Discussing Your Case Online
Don’t share details about your accident, injuries, or legal proceedings on any platform. Even vague posts can be misconstrued.
Inform Friends and Family
Let your loved ones know not to tag or mention you in posts until your claim is resolved.
Consult Your Lawyer
A personal injury lawyer can provide tailored advice on how to handle social media activity based on the specifics of your case.
The Importance of Hiring a Personal Injury Lawyer if You’ve Been Injured
Navigating a personal injury claim while avoiding pitfalls like social media missteps can be overwhelming. A personal injury lawyer can:
Protect Your Rights
By managing communications with insurers and defense attorneys, your lawyer ensures nothing you say or do is misused against you.
Build a Strong Case
An attorney will gather evidence, consult experts, and counter any arguments aimed at discrediting your claim.
Provide Peace of Mind
With a lawyer handling your case, you can focus on recovery without worrying about legal complexities or inadvertent mistakes.
Injured in an Accident? Contact Corradino & Papa in New Jersey to Pursue a Personal Injury Claim
Social media pitfalls are just one of many challenges accident victims face during a personal injury claim. At Corradino & Papa, we understand the complexities of New Jersey personal injury law and are dedicated to protecting your rights. Whether it’s navigating the legal system, countering lowball settlement offers, or addressing unfair tactics from insurers, we’ve got you covered.
We proudly serve clients in Clifton, West Orange, Vauxhall, and beyond. If you’ve been injured due to someone else’s negligence, don’t let social media or insurance companies compromise your case. Call us today at Available 973-381-1706 for a free consultation and let us help you secure the compensation you’re after.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.