Can Your Auto Injury Case Be Affected by Social Media? Dangers and Optimal Techniques
Insurance companies and the defendant’s attorneys in your auto injury case can use your social media posts against you. What may seem innocuous and innocent at the time of posting could be twisted and manipulated to discredit and undermine the validity of your claim. They could even use posts you made well before the accident.
The best practice to protect your auto injury case is to avoid making posts while seeking compensation for your losses from the accident.
If a reckless driver injured you in a car accident and you would like assistance with your claim for compensation, a car accident lawyer can help protect your case and represent your best interests.
Contesting the Severity of Your Injuries
The insurance companies will investigate any accident in which a claim has been filed. In today’s technological age, a victim’s social media posts will be viewed and used as evidence. Your pictures, comments, and videos can be used to question how severe your injuries truly are. Something as simple as a smiling face at a birthday party could be used against you, claiming that you felt well enough to leave your home free of pain.
Questioning the Details of Your Case
The opposing lawyers in the auto injury case can also use your posts to question the details of the case. If you share what happened to you in the accident, vent frustrations, or make accusations, your statements could be turned against you. Any discrepancies between the claim you filed and your online posts could be used to undermine your story.
Blaming Your Injuries on a Pre-Existing Condition
Past posts are not safe, either. The attorneys for the defendant can even scan through your past posts and try to make a connection between your current medical condition and a past injury. They could claim that your current injury is a pre-existing condition and is not connected to the accident at all.
Your Posts Are Not Private
A common misconception is that social media posts are private. Under Florida Statutes § 68.0831, the insurance companies and fort lauderdale car accident lawyers can file a subpoena to request access to your social media accounts. Your privacy settings cannot protect you from a court order.
You Risk a Reduced Settlement
Ultimately, anything you have on social media that can be used against your car accident claim will affect the compensation you receive. Your posts could call into question the severity of your injuries, their source, and the circumstances that led to the accident. The insurance companies can use all these doubts to justify a diminished settlement offer.
You Can Protect Your Auto Injury Case
There are some things you can do to protect yourself and your claim, though:
Avoid Going on Social Media for the Time Being
The first and best thing you could do while trying to recover compensation in your auto injury case is to limit your use of social media. Your best option would be to avoid using it all together.
Check and Strengthen Your Privacy Settings
Be sure you have your privacy settings on your social media as strong as possible. Limit your posts to your closest friends and family. Do not accept any new friend requests after the accident. Those requests could be attempts to access your accounts.
Do Not Discuss Your Case Online
If you use social media regularly and need to make posts, do not make any posts regarding your case, accident, or injuries. Don’t discuss anything about your therapy or recovery either. Limit the topics of your posts as much as possible. Be aware that the liable party’s attorneys will scrutinize anything you post and any activities you do.
Review Your Posts with Your Attorney
If you have any questions about your past posts or ones you intend to make, a personal injury attorney can review them and advise you on your options and the possible repercussions.
A Car Accident Attorney Can Handle Your Auto Injury Case
A car accident attorney could fight the false claims made against you from your social media posts. They know the tactics insurance companies use to devalue a personal injury claim and can counter them with facts and evidence.
Another tactic often used by insurance companies is delaying a response in hopes that the statute of limitations on your case expires. Florida Statutes § 95.11 generally gives injury victims two years to file a lawsuit against the liable party in their case. If this deadline expires before a settlement can be reached, you could be barred from pursuing a court award for compensation.
Call the Law Offices of Wolf & Pravato Today
For a free case review, call the Law Offices of Wolf & Pravato at (954) 633-8270. Our fort lauderdale personal injury lawyers can review your case and explain how your social media accounts could be used against your auto accident case. We can help you obtain compensation for your medical bills, pain and suffering, and lost income. Reach out to us today.
