For many people, a day without social media is like a day without sunshine. They simply would not know what to do if they did not post a photo of their pet or share a meme they thought was funny. When something significant happens in their lives, they tend to post pictures and commentary of what happened and how they feel about it.
Despite those realities, lawyers recommend that after an accident, stay off social media – here’s why. A New Jersey personal injury attorney can offer guidance about what to do in your situation, but here are some answers to general questions you might have:
Can the Other Driver or Insurance Company Use My Social Media Postings Against Me?
Oh, yes. The defense lawyer’s job is to dig up as much negative information about you as possible. Even if the things they find do not focus on the accident, they might try to smear your reputation to the jury to undermine sympathy for you.
Social media postings can get taken out of context by the insurance company and twisted into something you did not intend. When the insurer discovers things they can use against you in your injury claim, those items are pure gold to the defense.
How Can My Social Media Postings Hurt the Monetary Value of My Injury Claim After an Accident?
The at-fault driver might admit to causing the collision but accuse you of exaggerating the severity of your injuries. If the insurer can find photos that contradict your injury claim, they might convince the jury to give you less money than you deserve.
Here are a few examples of how social media postings could damage your injury claim:
- Your request for money damages includes a statement that you suffer from severe pain. A photograph of you laughing and smiling with family at an event might get used as evidence that you are not hurting as much as you say.
- If you say that your injuries prevent you from engaging in activities you used to enjoy, like going for walks in the park, a photo of you going rock climbing or doing other sports could cause the jury to question the truthfulness of your injury claim.
- Expressing anger at the other driver and promising revenge In a posting could make the jury wonder if your motivation is for a fair settlement or to make the other side pay, no matter what.
There are many other ways that social media postings could harm your claim.
Can Social Media Postings by Other People Decrease the Value of My Accident Injury Claim?
Yes, the insurance company could harvest pictures and comments that your friends and family post and use those items against you. You will want to ask those close to you not to mention anything about the crash or you on social media until the case gets resolved.
A New Jersey personal injury attorney can fight relentlessly to go after all the compensation you deserve after an accident that was not your fault. Contact our office today for a free consultation.