Can Social Media Be Used Against You in an Injury Case in WV?

Posting on social media during a personal injury lawsuit can seriously jeopardize your case. For example, if you claim significant physical limitations due to an injury but post photos of yourself engaging in activities like hiking or attending events, insurance companies and defense attorneys could use this against you. How will they know? Insurance companies have eyes everywhere – and believe us when we tell you that they are trying to find reasons not to pay a fair settlement.

They may argue that your injuries are not as severe as stated, undermining your credibility. Even harmless posts can be misinterpreted or taken out of context. Jurors or insurance adjusters might see these posts and form opinions that work against you, potentially leading to reduced settlements or weakened arguments in court.

There are many such examples. The point that can be learned here is that social media could hurt your personal injury claims. In this day and age, social media has become part of our lives. It can be an excellent tool for communication, but misuse may be used against your claim.

If you have been injured, give Miley Legal a call. Our West Virginia personal injury lawyers have helped many people hurt due to the negligence of others, and we would be happy to provide a complimentary consultation.

Can Social Media Be Used Against You in a Personal Injury Case in WV?

Yes, social media can derail your personal injury case, even if you are legitimately hurt. If you regularly post on social media, you expose yourself to the world. In effect, your opponents in personal injury claims may monitor your activities by looking at your posts and finding posts to use against your claims. Here are some of the examples of how social media can adversely affect your claims:

Contradicting Your Claims

This is the most common example of how social media affects your injury claims. For instance, you filed a claim for serious injuries, making you almost incapacitated to move. However, you posted on social media that you play sports, go biking, or other physical activities. These posts can be used to contradict your claim.

Undermining Your Credibility

In case you allege that you suffered a debilitating injury, but you posted pictures that you went to different places. The posts can be used to prove that you are merely exaggerating your claims, weakening your claims. 

Determining Pre-Existing Conditions

When you file a personal injury claim, the opposing side may search your past posts and activity to find evidence of pre-existing conditions. If they can find posts with similar medical conditions or injuries, they could argue that your current condition is not directly related to the incident but merely a pre-existing condition.

Showing a Lack of Mental Anguish 

In addition to monetary claims, you allege that you are experiencing pain and suffering brought on by the trauma you experienced due to an accident. However, you posted on social media that you attended parties, went on vacation, or celebrated extravagant events. These posts can be used to counter your claim of pain and suffering.

Private Posts

Posts or photos can still be discoverable even if you post incriminating photos privately or through a chat message. You cannot control who the private message recipient shares your content with.

Apologetic Posts 

Even if you are not at fault, apologizing about the incident on social media can be used against you as a form of admission to discredit your actual role.  

How to Avoid Social Media Mishaps

As shown above, there are numerous ways in which your social media posts could negatively impact your case. These are some of the ways to protect yourself:

Do Not Post Details of Your Case on Social Media. Better Yet, Don’t Post

Even with strong evidence for your claims, you must avoid posting your case online. Your opponents may find crucial information that could contradict your claims in court. Also, you are exposing yourself to the possibility of a defamation suit or other similar cases. Worse, if the case is already pending in court when you posted about the incident, the court may hold you in contempt of court.

Change Your Account Settings

If you regularly post on your account, you must limit who can view your posts.  Limiting your post viewable only to your closest friends and families is safer. You can be assured that no one may share or post things that may be incriminating against you. If you have any questions at all about what you can and can’t do, ask our Morgantown, WV personal injury attorneys. We would be happy to help!

Limit Your Exposure Online

You do not need to post about every activity on social media. Too many details about yourself posted online can be used against you in one way or another. As discussed above, a post ten years ago may establish a pre-existing condition you may have that would be detrimental to your present claim in court.

Warn Friends and Family

If there is a pending claim for personal injury, you must warn your family and friends from sharing details, photos, or videos about the incident. They may accidentally post something on social media that can harm your case.

Just Take a Break

While pursuing a personal injury claim, taking a hiatus from social media is wise. In this way, you avoid unnecessary exposure that could hurt your case.

Social media has become an essential part of our daily lives, serving as a platform for self-expression and connection with others. However, while it offers countless opportunities to share our thoughts, experiences, and personal moments, using it with care and awareness is essential. Our online content can have unintended consequences, particularly regarding legal matters.

Whether you need a Charleston, WV personal injury attorney, a lawyer for a slip and fall in Morgantown, or help elsewhere in WV, give our office a call. We’d be happy to help.