After being injured in a car accident, much of the focus is on gathering evidence and developing legal arguments to succeed on a legal claim. This makes sense. After all, you have to aggressively go on the offensive if you want to stand a chance of finding accountability and recovering compensation for the harm that’s been caused to you. But as you navigate your claim, you have to keep in mind that the defendant will also be building their claim. This means that your actions leading up to and following your accident will be put under the microscope.
One area where this could prove problematic is social media. Taking to Facebook, TikTok or X can be an easy way to vent your frustrations and find support in the aftermath of your crash, but it can also be risky. This is because the defendant in your case may get their hands on your social media posts and use them as evidence against you.
How your social media posts can become problematic in a personal injury case
You might think your social media posts are innocuous enough, but the reality is that they can jeopardize your legal claim. Here’s how:
- Giving the defense evidence of contradictory statements: In the discovery phase of your case, you’re probably going to have to answer written questions, called interrogatories, or answer questions verbally at a deposition. If you post about your wreck on social media, then you might inadvertently make a statement that contradicts what you said during the discovery process. This might not seem like that big of a deal, but it can destroy your credibility in front of a jury, which can significantly weaken your legal arguments.
- Presenting a false impression of your injuries: Your actions need to mirror the severity of your claimed injuries. If you allege that you have limited mobility and it hurts to walk, then the defense is going to latch onto a social media post that shows you playing basketball with your children. Even if you were experiencing excruciating pain just to try to enjoy a brief moment with your kids, the defense will use the post to argue that you’ve simply exaggerated your injuries and how they impact your ability to live a normal life.
- Giving the impression that you’re able to work: After a car accident, you have an obligation to mitigate your damages. This includes finding work that you’re able to do. If you post on social media about traveling after your accident, then the defense will have evidence that you’re well-enough to travel, so you should be working. This may result in a finding that you’ve failed to mitigate your damages, which could leave you with a financial recovery that falls well short of what you expected and what you need.
Keep in mind, too, that it’s not just your posts that you have to worry about. Posts from family and friends that tag you can be just as problematic. So, do your best to avoid social media until your personal injury case resolves.
Don’t let social media posts derail your personal injury claim
There are multiple legal issues that you’ll have to address in your car accident personal injury case. You don’t want to damage your claim from the outset by posting problematic statements and photos on social media. So, do your best to stay away from social media, and talk to a professional about other ways that you can protect the viability of your claim moving forward.