Social media provides people with an avenue to share their experiences, feelings, and thoughts. Thus, it makes sense to those people injured in an accident to share the details of the event through social media. This action, however, can be detrimental to a personal injury claim.
Social Media Posts Put Claims at Risk
Typically, people file a personal injury claim with the help of a personal injury lawyer from a reputable law office, such as Marc J. Bern & Partners in NYC. They seek compensation for expenses related to the injury as well as reparation for suffering and pain caused by the physical injury.
To prove these assertions, the claimant usually asks for help from people who can testify to the pain and suffering of the claimant. The defense’s job, not surprisingly, is to present evidence that points to the contrary. This is where social media comes in.
The defense will look through the claimant’s social media pages and find photographic evidence that suggests the injuries are not as bad as the claimant declares. If the claimant got into a mountain hiking accident, for instance, the defense can show photos of the claimant having fun with friends while on a mountain hike. This may lead the judge into thinking that the claimant is not entitled to compensation as the photos will reveal both the claimant’s “able” physical condition as well as his or her ”happy” emotional state.
Social Media Evidence Can Disprove Emotional Claims
Other than physical injuries, the defense can go to Facebook or other social media platforms to refute claims of emotional depression or distress. If the claimant, for example, asserted that he or she became socially isolated after the accident, the defense may use something as innocent as posts wishing the claimant a happy birthday. Claimants need to be ready for whatever the defense throws to lessen their client’s liability.
Posting any form of content on social media following an accident may undermine a claim. At the very least, claimants should set their accounts to private and not divulge any information related to their accident.