Posting About Your Injury on Social Media

Social media is a great source of information, entertainment, and connection with our friends, but it has lulled many people into a false sense of security. Today, many people are willing to share details about their lives in a public space that they never would have been willing to discuss before, such as details of legal battles, injuries, and other sensitive topics.

What many people who are sharing these details do not realize is that information placed online can be accessed and used against you by nearly anybody, including those you are attempting to sue for your injury. Even if your profiles on Facebook, Twitter, Instagram, Snapchat, and many other outlets are “private,” your information is still accessible pretty easily.

The Impact On Your Case

Social media posts are admissible in court as evidence, and can be counted as your testimony for things such as recollections of events or helping build a timeline of the incident. If your social media posts disprove your statements or show that the details you recalled are not correct, then the other party may try to use that as evidence that you are lying about your injury and have your case either dramatically reduced or dismissed.

However, on the flip side, a social media post could benefit your case by verifying and providing evidence in support of your claims. If you have discussed your case on social media at all, you should immediately bring this up with your attorney who can then advise you on the best course of action regarding your case.

Let’s look at an example. Say you are involved in a minor auto accident in which you suffer a concussion and a broken hand after the other driver fails to stop at a red light. You have missed work for two weeks as a result. However, the other person’s insurance is questioning the credibility of your concussion diagnosis and is also claiming that their driver is not at fault for the accident, instead citing that you were negligent.

If you post a picture of you on Instagram just a few days later showing you bowling while your hand is injured, the other person’s insurance will likely try to use that as evidence to have your case thrown out, leaving you to pay your expenses on your own. However, if you posted images of your car accident, particularly from the scene of the accident, these posts could be used as evidence in your favor, particularly if they show that the other driver hit you after losing control of their own car, evidenced by skid marks and the nature of the impact.

Avoiding Social Media

A best practice, whenever you’re going through a personal injury case, is to avoid social media as much as possible, even completely shutting down your accounts temporarily until your case is resolved. If you can bear not having an active account, then you give those looking to discredit you fewer sources to find information against you. If you rely on your social media to communicate, however, then be extremely aware of what you are about to post. Before hitting the submit button on a post, stop and consider “what is the worst possible way this can impact my case?” If the answer is “little to none,” then you’re probably okay to post it. If it has any bearing on your case at all, then avoid it entirely. Likewise, you may want to revoke the ability for others to “tag” you in photos in order to prevent other people from linking your profile to evidence against you.

Have you been injured at work, in a car crash, or through another accident that was no fault of your own? With over 30 years of experience, the Law Offices of Steven A. Fabbro may be able to assist you. We are proud of our reputation as one of San Francisco’s Top Rated Lawyers®, as well as our other accolades including an AV® Preeminent™ rating from Martindale-Hubbell®. We understand the difficult time you are facing when you have been injured in an accident, and we strive to stand up and ensure your rights to compensation are protected throughout your claim.