Don’t Let Social Media Compromise the Success of Your Legal Case
According to Statista, 3.78 billion people globally were classified as “active daily social media users” in 2020. This number encompasses just short of half of the entire population of the planet. Therefore, if you’re an active social media user, you’re certainly far from alone. Social media habits have, for more than a decade, been dramatically impacting both American and global culture in a myriad of ways. From how we consume news and entertainment to how we express political and social outrage, from how we remain connected with loved ones to how we network professionally, social media is now a dominant force in most American’s daily lives.
If you have recently been injured as a result of another’s negligence, recklessness, or intentionally dangerous behavior, you may be thinking about filing a lawsuit against those responsible for the harm that you have suffered. Perhaps, you have already connected with an experienced Orange County personal injury attorney in order to file a claim. Regardless of where you are in the process of filing a personal injury claim, it is important to carefully consider the ways in which your social media activity could impact the integrity of that claim. Unfortunately, even seemingly mundane social media activity can negatively impact the outcome of your case. Therefore, you’d ideally refrain from using social media until your case resolves. However, if that reality isn’t realistic (for whatever reason), you’ll want to approach your social media usage with cautious intention until your case is complete.
Why Insurers and Others May Be Monitoring Your Social Media Activity
There are two primary “interested parties” that may be monitoring your social media activity in the wake of your injury… regardless of whether you’ve yet decided to file a lawsuit or not. These interested parties are insurers and others who have a stake in how you approach the legal and financial aftermath of your injurious circumstances.
Insurers are corporations. As such, they have a legal duty to (generally speaking) act in ways that allow them to remain as profitable as possible for the benefit of their shareholders. Because they are duty-bound to turn a profit when possible, insurance companies do what they can to protect their bottom line. Some insurance companies behave in unethical and even unlawful ways in order to protect their financial viability. However, even well-run companies train their employees to minimize the amount of compensation that is paid out to those who file claims. As a result, if an insurance company can find an excuse to reject your claim or to devalue it, they will likely act upon that excuse.
Widespread research indicates that insurance companies are increasingly opting to monitor the social media activities of those individuals that file claims in an attempt to discern whether these claims are legitimate. For example, if a car accident victim files a claim insisting that their recent collision has left them with severe back injuries and that victim posts a selfie while on a rigorous kayaking trip, the insurer may have legitimate grounds upon which to allege that the filer is attempting to commit fraud. This is, however, an extreme example. Far more common is a scenario in which a car accident victim claims that they have severe neck pain, yet posts a selfie in which they are playing with their kids or looking up at a beautiful tree. Neither of these photos seems incriminating. However, an insurer could insist that they serve as evidence that the victim doesn’t truly have debilitating neck pain, even if the victim’s claim is legitimate.
Similarly, anyone else involved in your situation and/or case – including opposing counsel for anyone that may be partially or totally responsible for the harm that you have suffered – may be monitoring your social media activity for like minded reasons. They want to use anything that you say, post, or do online against you in an effort to have your claim dismissed or devalued. As a result, you need to be on your guard, even when it comes to seemingly innocuous social media behavior.
Navigating Social Media Successfully While Your Case Remains Active
If you choose to remain active on social media while your case is unresolved, there are two primary actions you can take to better ensure that your activity doesn’t harm the value and outcome of your claim. First, you’ll want to adjust the privacy settings on every one of your social media sites and take down anything that you may have posted since you got hurt that could be used against you (even though your claim is legitimate and those seeking to hold your posts, etc. against you would be grasping at straws). In addition to your Facebook, Twitter, and Instagram accounts, don’t forget dating sites, professional networking sites, and any other platforms that are currently active under your name or username.
Second, don’t assume that your privacy settings will protect you. While it is important to adjust your privacy settings, it is also critically important to avoid complacency. Every time you post on your own account and every time you comment, post, react, etc. to another’s account, ask yourself whether anything you are doing or saying could – in any way – be used to devalue or reject your claim. If you’re unsure, err on the side of caution and refrain from posting.
Legal Assistance Is Available
If you have been injured due to another’s intentionally dangerous, reckless, or negligent conduct and you have yet to explore your legal options, please connect with our firm today. Our experienced and dedicated team provides high-quality, client-focused services that don’t “begin and end” with court filings. We care about your social media activity because we want you to receive every penny of compensation to which you are rightfully entitled. As a result, if you have questions or concerns about how any of your circumstances may impact the strength of your case, we’ll be more than happy to advise you accordingly. We look forward to speaking with you.