Social media is part of our daily lives. Many people use it to post photos, share their life events, and communicate with friends and family members from around the globe. However, when it comes to any personal injury claim you might file after an accident caused by negligence, it can often do more harm than good. Not only can posting the wrong photos or comments potentially be used as evidence against you by the defendant, but it can also damage your credibility in front of the jury.

Whether you’ve been injured in a car accident, slip and fall, trip and fall, or another type of incident, here’s how social media can hurt your personal injury case:

Social Media Can Portray Contradicting Claims

One of the risks of posting on social media after an accident is you run the risk of portraying contradicting claims. You might inadvertently say something that negates what you’re arguing in your case. For instance, if you claim to have a broken leg but post pictures on social media of yourself skiing, the defendant’s attorney will assert that you are not as injured as you claim to be — or injured at all. These types of contradictory posts can significantly impact your claim and ability to receive maximum compensation.

However, it’s not only photos that can harm your case. Check-ins that show you’re participating in activities you claimed you were not able to do can also impact your claim. Even comments or pictures posted by friends, family members, or witnesses can portray you and your claim negatively.

Social Media Comments Can Be Misinterpreted as Admissions of Fault

If you’re involved in an accident claim, one of the ways how social media can hurt your personal injury case is with comments that can be misinterpreted as admissions of fault. While many people use platforms such as Facebook, Twitter, Instagram, and other forms of social media to share things about their daily lives, it’s best to not post anything about your injury or the accident. You should also ask family members and friends not to post about anything related to the accident. It may be best to deactivate your social media account for the duration of your case to avoid jeopardizing your claim.

Your Lost Wage Claim Could Be Jeopardized

If you are claiming lost wages due to an accident-related injury, it’s critical to refrain from posting or discussing anything on social media that could give rise to the defense challenging your claim. Photos or comments that show you are engaged in work activities or other physical activities you claim you cannot do can undermine your lost wages claim.

Social Media Can Provide Evidence to the Other Side

One of the most common ways how social media can hurt your personal injury case is by providing evidence to the defense. The insurance company will likely attempt to look at your profile, your pictures, and any other information you have posted on social media. They may even try to access your information by using friend or follow requests.

Social Media Privacy Settings Aren’t Always Effective

Even if you think you’ve adjusted your privacy settings and have restricted your posts to be viewable to “friends only,” this isn’t always an effective way to prevent the other side from seeing what you’ve posted. In addition to asking mutual friends to give them information from your page, they can also use the discovery tools available to them under Washington law — and be required by the court to produce copies of their social media pages and photos. You should also keep in mind that private messages to others through social media aren’t always private and can be discoverable in litigation.

Social Media Posts Can Damage Your Credibility

Another way social media can hurt your personal injury case is by damaging your credibility. If the defense misconstrues anything you post as an inconsistency, they will argue this to the judge and jury. It’s also essential to understand that some posts may not directly contradict your injury claim — but they could frame you in a negative light and bring about questions regarding your character. For example, photos that show you engaging in reckless behavior or using illegal substances can make you appear untrustworthy and dishonest or be taken out of context to impair your credibility.

Contact an Experienced Washington Personal Injury Attorney

If you are wondering how social media can affect your personal injury case, it’s crucial to consult with an experienced personal injury attorney who can best advise you regarding your specific case. The Bellingham personal injury attorneys at Robinson & Kole provide committed counsel to accident victims throughout Washington State and work to secure the maximum monetary recovery available to them under the law. We welcome you to contact us for a free consultation by calling 800.640.5616 or by using our online contact form. Se habla Español.