How Social Media Can Hurt Your Car Accident Lawsuit
At Text Kevin Accident Attorneys, we work hard to protect our clients’ rights to the compensation they deserve after being in an accident. This includes helping victims understand that certain decisions they make after their wreck can substantially impact the value of their claims. A major area of concern involves social media. While platforms like Instagram and TikTok have made it easier than ever to connect with people around the world, they can also be detrimental to a victim’s legal damages. Here we take a look at what you should know about social media’s potential impact on your case.
Pictures and posts
Most social media platforms allow for users to post images of themselves, including selfies. Pictures may seem harmless, but they can give someone (such as the insurance company, if it finds your account) the wrong idea about a victim.
After being in an accident, a victim will naturally have some physical limitations. But a picture of the victim enjoying him- or herself at a social event or on vacation may make it seem as though the victim isn’t really hurt. Of course, he or she may actually be in tremendous pain, and a picture doesn’t always capture that. But the old adage about pictures is particularly relevant here: they say a thousand words.
Accident victims can also claim non-physical injuries like emotional distress and anxiety, for which they can seek compensation. However, a picture of the victim enjoying a night out with friends may give the false impression that he or she isn’t suffering. The two are not mutually exclusive, because someone can experience non-physical injuries and still be captured in a photograph having a good time. But it would be better to not post such images in the first place.
A related problem arises with status updates, like those that are posted on Facebook. A positive, upbeat message posted on your account may seem harmless. But the defendant’s insurance company may question the extent of your pain if your status updates seem to contradict it. This forces you and your lawyer into a defensive mode of having to explain why you posted what you did.
Raising unnecessary questions
Perhaps the biggest issue with social media is that it can raise unnecessary questions about either the victim’s injuries or the defendant’s fault. You may believe that you have strong privacy settings in place, but you might be amazed at what a lawyer, insurance adjuster, or private investigator can find online.
Attorneys are skilled at distracting juries from victims’ injuries, and social media content presents an excellent opportunity to do just that. Your focus should be on proving that the defendant was negligent and that the amount of damages you seek is reasonable. Instead, social media could unnecessarily take the jury’s focus away from those topics.
Suppose you broke your leg in a car accident. As part of your damages, you ask the jury to award compensation for pain and suffering. Before your trial, you decide to take a break and visit the beach. This is reasonable, especially considering the stress that comes with an injury and lawsuit.
If you start posting pictures from your trip online, this may be discoverable and could draw unwanted attention from the defendant. It’s easy to understand why: it appears contradictory, at least on the surface, to claim that you have pain and suffering while you are also enjoying the beach. The pictures may raise additional uncomfortable questions. For instance, what else did you do at the beach, and would that contradict your claimed injuries? Just asking these questions is enough to raise doubts with a jury.
Discussing injuries and money online
It’s not a good idea to discuss the accident, your injuries, potential compensation, or anything else related to your lawsuit online. Some victims talk about their medical conditions in a way that could inadvertently lead others to believe that they aren’t seriously hurt. The fact is, you might not understand the extent of your injuries, nor should you speculate about them. Let your doctor or a medical expert witness do that in the proper forum, the courtroom.
Mentioning money can pose a problem as well. Some victims will post online about how much their case is worth and tell others what sort of damages they are seeking. You could be underestimating both the nature and amount of your damages. New information might come to light about your medical condition that could support a higher amount of compensation than you’ve discussed online. But a contradictory social media post could make it more difficult to seek a larger amount of damages. Additionally, talking about money might make it appear that you are trying to cash in on your accident rather than seek the compensation you are fairly entitled to.
Here to Advise You On the Best Legal Strategy
At Text Kevin Accident Attorneys, we work hard to protect your right to the legal damages you need to recover from your injuries. That involves devising a client-based strategy for how best to handle unique situations such as social media accounts. We will likely recommend that you deactivate your accounts while your lawsuit is pending and refrain from discussing your injuries or case with anyone. Regardless, you should retain an attorney right away so an appropriate plan can be made for dealing with these matters.
We also help in other ways, such as walking people through the steps they should take after receiving a traffic citation. It’s part of our mission to help clients and the general public better understand the courts and legal process. If you’re in California and have been involved in a car accident, we’re ready to represent your best interests. Call us today.