Social media has become such a prolific part of our lives, we barely think of posting quick updates about every part of our day. But to paraphrase a popular phrase, when it comes to personal injury cases, “everything you say can and will be used against you.” Evolving case law is proving that your online presence is fair game in collecting evidence as to your condition.

If you are pursuing a personal injury claim, it is likely that the defendants and insurance companies are scouring your Facebook, Twitter, and Instagram accounts for proof that you are not as hurt – physically or emotionally – as you claim.

A simple comment of “I am feeling better today” may be brought up as proof that you are exaggerating your claims in the lawsuit. Therefore, it is imperative that you seriously consider what you post online during this time.

Social Media Tips When Seeking Personal Injury Damages

It is best that you completely shut down your social media presence while pursuing a personal injury claim. This is because even though you may be careful about what you post, a family member or friend may inadvertently harm your case.

For instance, if your brother tags you smiling in a photo at the beach, it may result in the insurance company claiming that your pain and suffering is clearly exaggerated.

We recommend a complete abstinence from social media during a personal injury claim. However, should you choose to remain online during this time, follow these tips to best protect yourself and the integrity of your case.

Do not post any photos of the accident, the damage to your vehicle or property, or your injuries. Also do not post photos of medications, doctor’s offices, or emergency vehicles.
Never mention that you are pursuing a lawsuit or why, and never mention the parties involved in the lawsuit – even after you settle.
Do not post any updates as to how you are feeling, even saying to friends “Don’t worry, I am ok”. No indications of how you are feeling, how well your treatment is progressing, or when you expect to be back at work should ever be posted.
Advise family and friends to not post photos of you, or to tag you in any post or photos. Ask that they completely leave you off of any updates. Also remind them not to comment if others ask how you are doing. Your name, image and condition should remain completely off-limits.
Set your account to private, and only allow trusted people to have access to your information. Be very careful about any new friend requests, or new people following you – deny all of these during this time. Any new person or entity could be opposing counsel looking for insight into your condition and well-being.
Scrub your friends lists to make sure that no one who may have something against you remains. Keep only trusted friends, family, and associates.
Do not use location services or tag photo locations (even if you are not in the photo.) This can create a trail of your movement which may be used against you.

As you can see, it may simply be easier to remain off your social media accounts during this time. Remember, deleting a photo or status does not effectively guarantee that it will not be used against you. The opposing party may have a screenshot saved, and evolving law is unclear as to how much digging into even your deleted entries can be done to prove their case.

If you have been injured due to someone else’s negligence and you feel you may have a claim, call a Tampa or Sarasota personal injury attorney. We can advise you as to your next course of action, and help you to proceed in such a way that will give you the best chance at success. So if you feel the urge to post that status update – call Probinsky & Cole first!