Seeking Justice For The Injured

Attorneys Axel Dumas and Jonathan Sanclemente photo

Can social media endanger your personal injury case?

On Behalf of | May 30, 2023 | Personal Injury |

After an accident – whether it be a slip-and-fall, car crash, dog bite or even a loved one’s wrongful death – you usually want to inform your family, friends and colleagues through a social media post. It’s easy and quick to do, so why not?

Posting on your social media accounts seems like a harmless move only meant to convey tragic news with just a digital click. However, what you think is a convenient way to connect to your circle can hurt your Florida personal injury claim.

Think before you post, or don’t post at all

Anything you share through your social media platforms, like Instagram, Facebook, Twitter, TikTok, YouTube, Pinterest and LinkedIn, is accessible and usable in court by the defense and insurance companies. They may turn the tables against you using the content you put out on the internet.

  • Status updates: The words you use online to describe and explain your memory of the incident may not match your testimony during court proceedings.
  • Private conversations: Chats or direct messages, even if configured with elaborate privacy settings, may still be under investigation once served with a subpoena.
  • Photos and videos: Images or visuals implying that you are doing well and performing your usual activities, like eating out at your favorite restaurant or going on your nightly run, may discredit the severity of your injuries.
  • Location check-ins: Especially if you seek compensation for noneconomic damages such as emotional distress, being at a delightful spot may demonstrate that your current state is not as miserable as you claim to be.
  • Engagements: Commenting on other people’s posts about your accident may also expose your thoughts to inaccurate interpretations.

Possible damaging content extends to your other online contacts who also have an opinion about your accident. It helps to warn them to refrain from all case-related posts as it only undermines your credibility rather than moving your claim forward.

Getting off the web for now

In the age of social networking, you cannot be too vigilant. Instead of contemplating what to post next, minimize online visibility and assess your existing virtual profiles. You can protect your rights by going offline for the time being and discussing your action plan with your legal counsel.