3 Ways Social Media Can Affect Your Personal Injury Claim

 Posted on July 01,2024 in Personal Injury Lawsuits

Social media comes with risks. One of those risks is that your content can be used against you. What you say on Facebook, TikTok, or X, for example, is public and can be seen by anyone. You have limited control over who sees your content and what they do with it. People are so used to using social media, however, that they often forget about the risks.

Under the law, your posts on social media are considered statements and are admissible in court. This means you should be extra careful what you post on social media because it can affect legal proceedings. Divorce trials, criminal cases, and personal injury claims can all be affected by social media content. To find out how your content might impact your claim, show your social media accounts to an Illinois personal injury attorney.

Here are three ways social media can affect your personal injury claim.

It Can Imply Fault

Some things you say on social media can imply you were at fault for your injury. Let us say, for example, that you were injured in a car accident. You gave a recorded statement to the insurance company explaining how the other driver was at fault. Later on Instagram, however, you posted a photo of the crash and joked about how you "should not have had that extra martini with lunch." Because insurance companies comb through claimants’ social media accounts, it is likely the insurer will use your post to claim you are at least partly at fault for the accident.

It Can Contradict Your Claim

The content you post on social media can also be used to contradict your claim. For example:

• You are claiming damages due to whiplash that you suffered in the car accident, but you posted a video of yourself riding the mechanical bull at the local bar.

• You are claiming restitution for lost wages due to your injury, but you wrote a long post complaining about what your boss did today at work.

• You are claiming compensation for pain and suffering but you post photos of yourself having a great time on vacation.

It Can Hurt Your Credibility

Some things you say online can harm your credibility even if they do not explicitly contradict your claim. For example, you may be trying to collect compensation because your injury prevents you from working. Posting a photo of the new car you just bought, however, could damage your credibility.

Contact a Waukegan, IL Personal Injury Lawyer

At Salvi & Maher, LLP, we understand how social media can hurt your claim. Our experienced attorneys will be happy to review your social media accounts and coach you on what content you should avoid posting online. Call 847-662-3303 to speak with a skilled Lake County, IL personal injury attorney today.