An injury claim is designed to help one overcome the monetary difficulties caused by both their injuries and the loss of property related to accidents. This legal system is created so that it is possible to reasonably compensate the victim for the suffering they have been caused to undergo. However, the process is not fair at all times and it is not automatic always.
Defense lawyers, insurance adjusters, and others involved in an accident do anything possible to reduce their liability and the amount payable to you. That includes using whatever you have said or written that can be used against you in court. So injury lawyers recommend victims reveal only the things which are a must when describing the accident, such as the location, date and contact information.
When you admit responsibility, even by revealing you crashed your car, it will hurt your injury case. When you show remorse, even by saying that you are sorry, it might just suggest responsibility. When you do something that suggests you are not as hurt as you really are, it will reduce your compensation. That something can even be an “I am doing alright”.
When you say negative things against one of the parties involved in the case, including insurers, it shows your vindictiveness. Basically anything that you publish on social networking sites will have that effect on your case. Someone could twist your social media post to make it look as though you did it.
Why It Is Risky to Post Accident Injury-Related Matters on Social Media
Interested parties such as opposing lawyers and claims adjusters can easily discover your profile on social media, and they can also get to anything you publish on it.
Usually, collecting documents such as text messages and emails requires warrants, but social media content does not have such legal protections. Such content is legally deemed to be public statements.
Setting your security and privacy settings higher only makes it trickier for non-loved ones to get to your profile, but not impossible. This means any of your accident-related posts is a reasonable target for anyone looking for the information that can be used against you.
The Things You Must Not Publish on Any Social Networking Website after Your Accident
Minimize the impact of social media on your injury claim. Follow the advice from an adept and experienced accident lawyer and be prudent about social media usage. Many matters are off-limits for you including the ones mentioned below.
- Admission of Fault
You being a sound person will not go to social media and tell your loved ones that you drove past a traffic light where you should rather stop. Even a statement such as “I crashed my vehicle” could shift responsibility to you. So avoid saying anything which could be changed to suit another party’s interest or could imply guilt.
Apologies or Regret
Similarly, when you say sorry for your part in an accident, someone else could use that to considerably reduce your settlement amount. So do not apologize to anyone whether or not you feel sorry for him or her.
Videos or Photographs from the Scene
It may be a good idea to take the accident scene photographs and video for use in your case, but do not share these pieces of evidence publicly. Evidence is essentially objective, but persuasive people can skew it to suggest something else except the truth. Share such things only with the personal injury lawyer you hired to represent you in court.
Evidence Usable to Minimize the Injuries
If you publish a photo from your child’s soccer match venue, a concert or a gathering with your friends after you have been injured, someone could use your post to imply that you are not as injured as you claim. It is best to stay away from social media until your injury claim is resolved.
Inciting, Angry or Aggressive Posts
One of the seemingly great places to vent your feelings and frustrations is social media, but it is not acceptable to post any rant concerning your accident. Seeking support from social media affiliates and complaining about the recovery progress is a natural response, but someone can use anything online against you.
How to Limit the Impact of Social Media on Your Injury Claim
Here are some more tips to help you safeguard your information during an injury claim.
If You Have Already Posted
Avoid deleting anything, as doing this can imply that you have committed something wrong. Besides, if the other party’s attorney or claims adjuster is smart, then they might have taken a screenshot of your post.
Always Keep Your Profiles Private
Set your every social media profile to private. This move will make it harder to find your posts and will limit access to these. It does not make it impossible to get that information, though.
Do Not Accept Follow and Friend Requests
It is best to avoid accepting any request when your claim is in progress. You cannot ever know which party is behind those social profiles that send you such requests.