Imagine that you are driving home after a long day in Lexington when another car suddenly sideswipes you. The impact leaves you with a neck injury. Though you may be shaken, you manage to call the police and exchange information with the other driver. Later, you post a picture of the accident scene at home on social media, sharing your frustrations with friends and family. It seems harmless enough—just a way to vent. But you might not realize that this post could significantly affect your personal injury claim in Kentucky.
After an accident, your priority should be seeking medical attention, even if your injuries seem minor. It is also important to understand your legal rights and to be aware of how social media activity can affect your case. In today’s digital age, social media has become a factor in personal injury claims. Insurance companies and defense attorneys often use comments or photos posted on social media to challenge the injured person’s claim.
At Morgan, Collins, Yeast & Salyer, our personal injury attorneys have seen how social media can play a pivotal role in personal injury cases. With our experience handling injury claims across Kentucky, our lawyers know how to protect your rights and fight for the full and fair compensation you deserve. Call us at (877) 809-5352 for a free case evaluation.
Your #Selfie Can Make You Lose Your Case
Social media is an integral part of most people’s daily lives. However, in the context of a personal injury claim, it can be a double-edged sword. Insurance carriers and defense attorneys are known to scour social media profiles for evidence that can undermine claims. Here’s how:
Contradictions in Your Story
Let’s say you’re claiming severe back pain after your car accident, but a post on your profile shows you hiking or playing sports. Even if the photos were taken months after the accident, the defense might use them to argue that your injuries aren’t as serious as you claim. Such images can raise doubts about the validity of your injury and reduce your chances of receiving full compensation for your medical bills and other losses. It’s best to avoid posting photos.
Damage to Credibility
A simple post about attending a party or going on a family vacation can be used to question your credibility. The defense might argue that if you were well enough to enjoy these activities, your injuries couldn’t be as debilitating as you claim. Even innocent posts can be used selectively or taken out of context to cast doubt on your pain and suffering. It’s prudent to stop posting comments on social media while your insurance claim or personal injury claim is pending.
Privacy Concerns
While privacy settings can provide some protection, they won’t prevent all access. Public posts can be easily accessed, and even private content can be subpoenaed in a lawsuit. It’s essential to be aware that anything you share online might be used against you in your personal injury claim or lawsuit.
Posts from Friends and Family
It’s not just your posts that can affect your case. The comments your friends and family share can also have an impact. If a friend tags you in a photo or makes comments that contradict your injury claims, that post can be used as evidence by the defense.
How Social Media Can Be Used to Strengthen Your Kentucky Personal Injury Claim
Social media can be used to support your claim in some cases if handled correctly.
Documenting the Scene of the Accident
If it’s safe and you’re physically able, taking photos or videos of the accident scene can be helpful. The images can serve as compelling evidence, showing the extent of the damage and the conditions that led to the accident. This documentation can be a crucial part of building a strong personal injury case.
Documenting Serious Injuries
Photographs that capture the progression of your injuries can be powerful evidence. From the initial bruising and swelling to the scars left behind, these images help to paint a clear picture of the physical toll the accident has taken on you. Such visual evidence can be hard for the defense to dispute.
Establishing Timeline of Events
Social media posts can help establish a timeline of events leading up to an accident and afterward. This timeline can be critical in proving the sequence of events and showing that your injuries directly resulted from the accident. A well-documented timeline can strengthen your claim by providing a clear narrative. If you must post about the accident, be sure your pictures and posts have the correct dates attached.
Demonstrating Limitations
Posts that show how your injuries have impacted your daily life can be used to support your claim. If you used to be active in sports and now struggle with mobility, photos of your former athletic activities can show the limitations your injuries imposed and the diminishment in the quality of your life.
Optimize Your Social Media Profile to Protect Your Personal Injury Claim
The first step is to review your privacy settings on all social media platforms. Limit who can see your posts and consider restricting access to only close friends and family. While this won’t make your content completely off limits to scrutiny, it can reduce the risk of harmful information being publicly accessible.
Consult Your Attorney
Discuss your social media use with your personal injury attorney. At Morgan, Collins, Yeast & Salyer, our personal injury attorneys understand the impact that online activity can have on your case. We can provide reliable guidance on what’s appropriate to share and what to avoid during a personal injury lawsuit.
Be Mindful of What You Post
Think twice before sharing anything on social media while your personal injury claim is ongoing. Avoid posting content such as photos of physical activities, vacations, travel, or statements about your health. Even if you feel your post is harmless, it’s better to err on the side of caution.
Pause Social Media Activity
In many personal injury cases, the best approach is to take a break from social media altogether. Pausing your social media activity can prevent any posts about the accident from being used against you. This can be a wise move to avoid giving the defense any potential ammunition.
It’s Important to Have a Helping Hand
Using social media while you have an ongoing personal injury claim can be challenging, but you don’t have to do it alone. A skilled Kentucky personal injury lawyer can help you manage your social media presence and protect your claim.
Reviewing Your Social Media Presence
At Morgan, Collins, Yeast & Salyer, we’ll work closely with you to review your social media accounts for any potential issues. Our experience allows us to identify posts or interactions that could be detrimental to your case. We can provide you with clear, practical advice on social media use during your case.
Obtaining Evidence from Social Media
In some cases, social media can be a valuable tool for gathering evidence that supports your claim. We can review the social media accounts of others involved in the accident. We will look for any information that could strengthen your case.
Fighting to Protect Your Rights
Most importantly, we’ll stand by your side throughout the legal process, fighting to protect your rights and working to keep social media from becoming a tool for the defense to undermine your claim. We understand the tactics used by insurance companies and defense attorneys, and we’re prepared to counter them with Kentucky Courage™.
For a Free Consultation, Call Today!
If you’ve been injured in an accident, don’t let your social media use jeopardize your claim. The legal team at Morgan, Collins, Yeast & Salyer offers the guidance and experienced legal representation you need.
Whether your case involves a personal injury, workers’ compensation, or disability benefits, our attorneys are ready to put Kentucky Courage™ to work for you. The same attorneys you see on TV are the ones you’ll meet in person—real lawyers whose goal is to help you receive fair compensation.
For a free consultation, call us today at (877) 809-5352. We’re available 24/7 to discuss your case and help you take the first step toward getting your life back on track.
We know the courage it takes to stand up to big insurance companies and fight for what’s right. Let us bring that courage to your case.
