Online Activity Can Hurt (Or Assist) Your Injury Claim

In our digital age, nearly everyone is active on social media and shares their personal lives online. But after being injured in a car accident, slip and fall, or other personal injury event, your online activity could complicate your path to monetary relief. While it may seem harmless to post a picture or share a status update, your online presence can be used as evidence. Have a conversation with a Miami personal injury lawyer to learn more.

Inconsistency, Fault, and More

Insurance companies, defense attorneys, and even investigators often scour the internet for any content that could undermine a claim. Social media posts, photos, videos, and even comments can be taken out of context and used to argue that you’re not as injured as you claim. Here are some ways your online activity can impact your case:

• Inconsistencies within a claim. If you’re claiming significant injuries and then post photos of yourself engaging in physical activities like running, dancing, or participating in sports, the defense may argue that your injuries aren’t as severe as you say. Even a simple post about going out for a walk can be used to challenge the extent of your mobility issues.
• Minimizing injuries. Additionally, a simple comment about who was at fault can be used to weaken your argument. Any admissions of fault or downplaying of your injuries can undermine your credibility in the eyes of the insurance adjuster or judge.
• Assessing activities or lifestyle. Insurance adjusters may use your online activity to compare what you’re doing in your posts to what you’ve said in your claim. For example, if you claim that you’re unable to lift heavy objects due to your injury but post a picture of yourself lifting something heavy, the defense may argue that you’re exaggerating your pain or your injuries.

To avoid putting your claim at risk, temporarily suspend your social media accounts or at least use them with increased care. Avoid posting anything related to your injury, recovery process, or daily activities. Even innocuous updates can be twisted to work against you.

Instead of posting pictures of your injury or recovery, keep a private record of your medical appointments, progress, and any challenges you face. A personal journal or notes can be a valuable reference when talking to your attorney or during settlement discussions.

Follow Your Doctor’s Recommendations

Your treatment regimen and physical limitations should be followed closely and accurately reflected in any statements or actions you make. If you’re receiving medical care for your injuries, make sure that your online activities align with your doctor’s restrictions.

As soon as you connect with a Miami personal injury lawyer, they can conduct a thorough investigation into your injury and gather all the necessary evidence to support your claim, without relying on online activity. They will also be proactive in blocking or removing any damaging content that could be found by opposing parties.

Were you posting information about a recent accident online? The attorneys at Spencer Morgan Law can provide you with communication guidance so you can access the compensation you deserve.  Call 305-423-3800 to book a confidential consultation.