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Blogs from February, 2023

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Social Media Posts Can Impact Your Case

Even with the influx of social media posts being used in court proceedings, many people still don’t realize the impact that Instagram/Facebook posts, tweets, TikTok videos, and more can have on the outcome of their case. Because of this, it’s important to be extra cautious of what you post online after sustaining a personal injury and when navigating legal proceedings.

If you’re in the midst of a personal injury claim, here is what you should know about oversharing on social media before, during, and after the final settlement.

Avoid Sharing These Online Pre-Settlement

One an insurance claim is filed, your social media presence will be scrutinized by the insurance company adjusters, lawyers, and investigators. It is important to avoid sharing information about your injury and how it affects your daily life. You should also avoid sharing at all about topics related to:

  • Your physical and mental health
  • Your mobility and ability to perform certain tasks
  • Any doctor’s appointments or medical treatments you utilize as part of your claim
  • Expectations for a settlement amount

Additionally, the insurance company may use your social media presence as evidence to determine that you are not as injured as claimed. Remember, your social media profiles are considered part of your public record, so most things shared will be regarded as fair game, including:

  • Text posts about your general wellbeing and happiness
  • Check-ins to locations, particularly fitness clubs, gyms, and resorts
  • Images you share or others tag you in

It's also important to remember that social media posts are timestamped. This can become especially crucial if the insurance company is trying to say your injuries healed before they really did. They may look for posts that were shared around the time of the accident and use any pictures or videos to make it look like you were fine when you weren’t.

What is TMI After a Settlement is Reached?

Once you’ve reached an agreement for a settlement, it is usually in your best interest to keep the amount confidential. If the settlement agreement includes a confidentiality provision, your social media could be used by the insurance company to undo your settlement and get their money back.

While sharing your excitement about the settlement (and your attorneys) is okay, be mindful of what you post. Insurers have been known to look for details that could be used to reverse the settlement. To avoid this situation, keep the amount a secret and do not share information about the names of the insurance companies or at-fault parties.

Social Media Guidelines

When it comes to social media, be careful about what is shared and how often. If nothing else, remember these three takeaways:

  1. Make sure that your posts do not contradict any of the details of your case before or after a settlement has been reached.
  2. Consult with an attorney if you plan on posting anything related to your injury and case.
  3. Being careful on social media can help you protect your reputation and ensure that the outcome of your case is not in jeopardy.

How Our Los Angeles Attorneys Can Help

If you have sustained an injury and are considering filing a lawsuit, our Effres & Effres attorneys can help. Our team of experienced attorneys is here to answer any questions you may have and provide guidance throughout the process. We will also provide more information on protecting yourself from social media posts that could be used against you during your case.

Contact us today by calling (818) 222-9720 or filling out this short form.

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