How Can Social Media Affect Your Personal Injury Case?

How Can Social Media Affect Your Personal Injury Case?

Are you preparing to file a case through a personal injury lawyer in Queens, NY? They may advise you against posting on social media throughout your legal claim.

In recent years, some plaintiffs have seen the impact of social media on personal injury claims first-hand. They’ve learned the hard way why putting up posts on Facebook, Instagram, X (formerly known as Twitter), TikTok, and LinkedIn during a personal injury case is never a good idea.

The New York City Department of Health and Mental Hygiene reports that nearly 80% of adults and over 90% of teenagers in NYC use social media regularly. See below why New Yorkers should stay off social media while going through personal injury cases.

Provides Personal Injury Defense Lawyers With Access to Personal Information

When the defendant in a personal injury case finds out you’ve filed a lawsuit against them, they’ll put together a personal injury claim defense team. Their lawyers will start looking into your background right away and collect as much of your personal information as possible.

If you’re active on social media, you’ll essentially give them access to this information without their having to work for it. They can learn where you live, where you work, who you associate with, and so much more.

You will feel the impact of social media on personal injury claims almost immediately when this happens. You might make a personal injury defense team’s job so much easier than it would be otherwise.

Causes Personal Injury Plaintiffs To Contradict the Claims in Cases

Nowadays, the vast majority of Americans have social media accounts. However, a recent Gallup poll revealed that only about one-third of them post on social media regularly.

If you make it a point to post on the social media platforms you’ve signed up for, you risk feeling the impact of social media on personal injury claims even more than someone who simply has social media accounts. You could very well post something that contradicts the claims you’ve made in your personal injury case.

For example, let’s say you were involved in a car accident that left you with a back injury that you claim has made it impossible to lead a fulfilling life. You won’t do yourself any favors if you put up social media posts about:

  • The softball game you just helped your team win
  • The long hike you went on over the weekend with your kids
  • The roof you finished installing on your home

Posts like these could serve as digital evidence in lawsuits involving personal injury claims. Defense lawyers will likely conduct routine online activity monitoring and use any of your public posts in legal proceedings.

Raises Privacy Concerns During Personal Injury Cases

One of the steps personal injury plaintiffs will sometimes take to try and stop defense lawyers from using social media posts against them is making their profiles private. While this might work in some instances, it may also create privacy risks in legal cases.

When you’re under social media scrutiny, don’t be surprised if defense lawyers strive to legally acquire any social media posts you’ve set to be private. The defense team for your case may go as far as to subpoena private social media posts so they can use them against you in court.

If nothing else, this may cause a personal injury case to drag on for longer than it should. You and a personal injury lawyer in New York may need to attend more hearings simply because of your social media activity during a case.

How To Minimize the Impact of Social Media on Personal Injury Claims

How To Minimize the Impact of Social Media on Personal Injury Claims

Would you like to avoid dealing with the impact of social media on personal injury cases? Try taking these steps:

  • Limit your social media activity or even stop using social media altogether throughout your personal injury case
  • Steer clear of posting anything about the injuries related to your personal injury case
  • Change your social media settings to prevent other people from being able to tag you in posts without your approval

Have a long conversation about the impact of social media on personal injury cases with your preferred New York personal injury law firm, too. A lawyer will guide you on what you should and, more importantly, what you should not post on social media as a personal injury case plays out.

Reach Out to a Trusted Personal Injury Lawyer in New York for Assistance

Hiring a trustworthy personal injury lawyer in New York can help you decide how to adjust your social media use during legal proceedings. They can further explain the impact of social media on personal injury claims. 

You’ll also enjoy many other benefits of hiring the right personal injury lawyer when you work with an attorney from Elliot Ifraimoff & Associates, PC. Contact us at (718) 205-1010 to schedule a consultation with an attorney.

FAQs

Look for answers to frequently asked questions about the impact of social media on personal injury claims below.

Can I Post on Social Media During a Personal Injury Case?

Yes, you may post on social media during a personal injury case if you would like. However, you should limit how often you post, and you should also avoid posting anything about the injuries you sustained that led to you filing a personal injury case in the first place.

Should I Make My Social Media Accounts Private When Filing a Personal Injury Case?

Yes, you should make your social media accounts private when filing a personal injury case. Taking this step might make it more difficult for a personal injury defense team to use social media posts against you.

Should I Delete My Social Media Accounts Before Filing a Personal Injury Case?

No, you don’t need to delete your social media accounts entirely before filing a personal injury case. You can do so if you would like to minimize the impact of social media on personal injury claims and avoid the possible social media pitfalls we have discussed here.