Social media has experienced shocking growth in the last two decades. Experts estimate that 313 Billion US citizens will be actively using social media by the end of 2024. That’s 90% of the population! Since their introduction to society, the use of platforms like Facebook, Instagram, and more recently, Tiktok, have taken the world by storm. These popular media-sharing applications and websites impact culture, music, entertainment, fashion, and even the food industry…but do they impact legal cases?
Absolutely.
How does social media affect my personal injury case?
Everyone knows that phone use, and subsequently social media use, are a common cause of car accidents in the US. In 2021 over 3,500 people lost their lives to distracted driving, and that number only continues to climb. Traffic in Tampa Bay makes accidents like these even more likely.
Not only does social media impact the world of personal injury law as a cause of many accidents, but it also impacts accident victims and injury claims during the filing process.
How?
Opposing parties use social media against victims.
When you are in the middle of a personal injury claim, keeping tabs on your social media activity is crucial. Opposing lawyers, insurance companies of the at-fault party(ies), and other representatives can use conversations, photos, content, and even shared posts as evidence against you.
Social media activity sometimes contradicts your case.
If you share information about your accident, discuss the case, or share photos of your injuries on online platforms, it could be detrimental to your case. If misrepresented by opposing parties, it could contradict your own lawyer’s case regarding your injuries and the impact of the accident. What does that look like in real-life scenarios?
- sharing photos of you enjoying a vacation, taking a walk with a friend, or even spending an evening out around town could negate claims about your injuries, even if those claims are true. We encourage victims to keep photos, videos, and information private until their case is closed.
- sharing news articles, videos, etc. pertaining your your accident could start conversations you don’t need to be part of during your case. Keep sharing to a minimum and avoid conversations about your accident online.
- don’t assume that private platforms are excluded. Platforms that offer “private” conversations, like Facebook Messenger, are still accessible. Platforms with photo/video privacy settings like YouTube and Snapchat don’t protect your information. Professionals easily access these platforms to use against you.
Social media activity threatens victims’ credibility.
Social media activity frequently threatens the credibility of accident victims. As mentioned above, opposing parties will pull information and manipulate it in a way to benefit their case. This includes digging up the social media activity of witnesses and using it against the victim(s) as well.
Should I avoid social media activity after my accident?
We get this question often:
“Will using social media affect my personal injury case?”
While not a guarantee, it’s best to assume that anything and everything posted to social media platforms could impact your case. While we don’t tell clients to delete or deactivate accounts during their case, it can be a comprehensive solution to the problems mentioned above.
If you don’t want to deactivate your account, keep these tips in mind:
Even “vlog” videos can be detrimental to your case!
- think about how any posted content could be perceived. If you’re claiming a back injury for example, but you post pictures at the beach, or in the pool, that could be used as evidence to show that your injuries aren’t very serious.
- avoid mentioning anything about your case online, even on “private” platforms
- avoid discussing your specific injuries in content, including “vlog’ style videos on YouTube or Tiktok
- don’t post photos or videos of the accident, damage, or injuries
Generally speaking, if you want to protect yourself the most, just avoid the post.
Does Brooks Law Group help me avoid having social media affect my personal injury case?
Yes! During your first consultation, we’ll discuss safe social media use with you. Personal injury lawyers analyze your current content. They can help you discern what is/isn’t safe to do online during your case.
Supporting you through your case goes far beyond social media. At Brooks Law Group, our attorneys work hard to make victims feel empowered and informed throughout their personal injury claims. Concerns about affording legal services, navigating the process, and getting the settlement you need are put to rest by our team during your first meeting. We are dedicated to putting victims and their families first.
Have you been injured in an accident and don’t know where to turn? Call us. Tampa Bay always Looks to Brooks.
