Social Media and the Impact it Can Have on Your Personal Injury Claim

June 26, 2020

Social media has become more and more prevalent in most of our lives, but even more so now that we are largely unable to be together in person. Social media plays a big role in staying connected; studies have shown that over 70% of Americans are active on social media in one form or another. As with everything, social media is also not without its disadvantages. What many users do not realize is that it is possible to have your profile and information viewed, despite your best efforts to make everything private. After you’ve filed an injury claim, insurance adjusters often turn to social media accounts to investigate the following:

The Severity of an Injury

Everyone posts the best versions of their lives on social media. Most people don’t post about debilitating pain, or a depressed mental state. Rather, most posts tend to focus on the fun and positive aspects of life. Unfortunately, these images and statements can put into question the actual extent of your injuries. While you may claim to be suffering from constant pain or PTSD, your smiling face may cause others to argue otherwise.

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Calculation of Damages

As with the severity of your injuries, a simple picture that you are tagged in or even a location may raise questions regarding the legitimacy of your claim. For example, a picture of you supporting a friend at a race may be entirely innocent, but still holds the potential to impact your case. You may have been seated for the entire event except for the picture, but the image could raise questions as to whether your debilitating back pain is really impacting your life as much as your claim states. Such a picture could be used to lower your settlement below the amount of your actual damages.

Mental Health

Some accidents may cause you to seek compensation for emotional stress. Once again, you’ll want to keep in mind that what you post could be used to argue against your claim. A simple picture of you smiling at a bar with friends or even just tagging you at the location can help the defense to argue that you may not be struggling as much as you claim to be.

The best thing to do regarding social media, should you find yourself involved in an injury claim, is to do nothing. By going dark on your social media profiles, you deny the insurance companies an avenue to possibly reject your claim. It is in your best interest to stay off of all social media until your case has been resolved.

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Consulting with a Qualified Personal Injury Attorney

If you or a loved one has been injured in an accident due to the negligence or recklessness of another party, a qualified Personal Injury attorney can help. At Zanes Law we will help you fight for the compensation you deserve. To learn more or to schedule a free consultation, call us at 833-214-0917.

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