Today, almost everyone has at least one social media account. It’s how we stay in touch with family members in different states and former high school classmates. Social media also opens a window to comment about sports or politics, or even just read about the news. Unfortunately, social media accounts can jeopardize a personal injury case.
At Inzina Law Injury Attorneys, we understand the relationship between social media and personal injury claims. Insurance adjusters on the other side are combing the internet day and night to find evidence to use against you in their claim. A social media account is a potential goldmine of information—and it could create real headaches for you.
There are real risks involved when posting anything about your case on social media platforms like Facebook, Instagram, or X. Our Lafayette personal injury lawyers review some of the biggest problems and offer tips for how to protect yourself.
You Might Accidentally Admit Fault
In Louisiana, a personal injury claim is analyzed according to fault. When someone is negligent, they must pay you compensation.
However, your compensation will be reduced based on your share of fault. This is the comparative fault rule found in Section 2323 of the Louisiana Civil Code.
For example, if you are 50% to blame for an accident, your compensation gets cut in half. So you don’t want to say or do anything that will suggest you are even partly to blame for an accident.
It’s easy to post something on social media that sounds like you are accepting responsibility for your injuries:
- “The car came out of nowhere. I didn’t even see them!”
- “I was looking at a text message as I crossed the street, so I didn’t see the car.”
- “I ran through the mall even though there was a ‘Wet Floor’ sign.”
These comments sound innocent. But a defense lawyer could find them and argue they show you were at least partially at fault for your accident because you weren’t paying attention or made some dangerous action. It’s best not to say anything about your accident. You never know what the defense will find helpful.
You Could Raise Questions about the Severity of Your Injuries
A personal injury claim should compensate for your bodily pain and suffering. However, social media posts might undermine any belief that your injuries and pain are serious:
- You post pictures of yourself smiling at someone’s birthday party.
- You post stories or pictures about traveling out of state.
- Facebook automatically checks you in when you visit a business, which shows that you are leaving your house often.
- Someone else posts pictures of you at a birthday party and tags you, which means other people can find this picture even if you didn’t post it.
Rest assured the defense will try to introduce this evidence to claim you aren’t really hurt. “Why are you so happy if you feel pain?” they will ask.
You Misrepresent Your Income
Accident victims in Louisiana can seek financial compensation for lost wages or income. For example, you might suffer a concussion in a car wreck. You can’t get out of bed or concentrate for months, which means you’ll lose income.
Your LinkedIn profile might show that you currently aren’t employed. Of course, it could be out of date, but the defense might claim you are exaggerating or lying about your current income. This is less of a concern if you are a W-2 employee with a pay stub. But if you are claiming to be self-employed, then look critically at how you have represented your work situation online.
Can an Insurance Adjuster Gain Access to Your Social Media Profile?
Yes. They can use anything that is public information in a personal injury claim. Social media claims are legitimate areas of inquiry. On the other side of your case will probably be the defendant’s insurer. This company has at least one claims agent dedicated to your case. Their goal is to find out everything about the accident—so they can pay you as little as possible.
Some people have their social media accounts private. That’s good and a nice first step if your account is currently public. However, some insurance adjusters will even ask a lawyer for permission to access a private account!
How to Protect Your Case
At Inzina Law Injury Attorneys, we understand social media and personal injury claims. We know how to reduce the chances of posting something, even accidentally, that harms your case. Please follow these tips below:
- Set your profiles to private. There’s no reason to make things easy for the insurance companies arrayed against you.
- Stop adding friends and ignore any new friend requests. The insurance company might try to gain access by sending a friend request.
- Do not delete comments or pictures. This might constitute destruction of evidence. Instead, tell your lawyer about all accounts so we can review if anything harmful is posted.
- Stop posting until your case is completed. Even with a private account, you shouldn’t post. Instead, you can let friends and family know how you are doing by calling them on the phone.
- Untag yourself from any photos. You might even be able to set your preferences so no one can tag you in a picture or post. That’s ideal.
- Ask friends and family not to post pictures about you while your case is ongoing.
Call our firm. We have helped people injured in a variety of accidents, including motor vehicle accidents, slip and falls, and maritime claims.
Learn More about Social Media and Personal Injury Claims
Inzina Law Injury Attorneys opened to help the Lafayette, LA community when they are seriously hurt in accidents. Obtaining compensation is a headache, and some people will give up trying to hold the defendant accountable for injuring them. Call our law firm.
We can help bring an injury claim for compensation and will litigate your case in court if the insurance company isn’t willing to fairly compensate you.. Our consultations are free and without any risk.