Personal Injury Claimants — Beware of Social Media

Social media has become an integral part of daily life, but for individuals involved in a personal injury claim, it can be a dangerous trap. Posting seemingly harmless content online can severely damage your case, jeopardize your chances of recovering compensation, and provide ammunition for insurance company investigators who actively monitor claimants’ online activities. Being aware of the risks and following best practices while your case is pending is critical.

Insurance companies try to minimize payouts as much as they can. Their investigators are well aware that valuable information can be gleaned from social media. They often mine for any posts, photos or videos that could be used to deflate your claim, such as information that show you engaging in activities inconsistent with your injury claims. If you are claiming a debilitating back injury but have posted photos of yourself at the gym or on a hiking trip, the insurance company might use them as evidence that your injuries are not as severe as you claim.

Comments and check-ins at certain locations also can be interpreted as evidence against you. A post about going out for a night of dancing or attending a sports event can undermine claims of significant physical pain or limitations. Even posts from family members or friends tagging you in activities can come under scrutiny. The insurance company’s legal team will not hesitate to use any available information to question the credibility of your injury, potentially leading to a reduced settlement offer or even a complete denial of your claim.

It’s not just social media activity that can hurt your case; insurance companies sometimes hire private investigators to conduct surveillance on claimants. This may include taking photos or videos of you in public, but it can also extend to monitoring your online presence. Investigators may use social media to track your movements and piece together a narrative that contradicts your injury claims.

Given the high stakes, be extremely cautious about what you share online. Here are some do’s and don’ts:

• Limit your social media activity — Keep your posts completely unrelated to your physical condition, injuries or lifestyle.

• Don’t post about your injury or case — Never discuss the details of your injury, treatment or legal proceedings. Positive updates about your recovery can be used to suggest you are exaggerating your condition.
• Don’t post photos or videos of physical activities — Avoid posting anything that shows you engaging in physical activities, even if you are simply staying active within your medical limitations.
• Don’t engage with others about your case — You should not comment on or respond to questions from friends or family members online about your injury or legal case. 

Above all, before posting anything on social media while your case is active, talk to your personal injury attorney. They can provide specific advice on what is safe to share and what could be damaging.

If you or a loved one has suffered harm because of the wrongful acts of others, you deserve full and fair monetary compensation. The attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP in St. James, NY handle personal injury claims for clients in Suffolk County and across Long Island. To set up a free initial consultation, contact us online or call us at 631-360-0400.