How Social Media Can Damage Your Alabama Personal Injury Claim

In today’s world, it’s second nature for some people to post about their daily lives — especially during big events. But if you’ve been injured in a car accident or work-related incident, posting on social media can seriously harm your personal injury claim.

Over the years, I’ve seen firsthand how insurance companies twist innocent posts to deny or devalue legitimate claims. In this article, I’ll explain how social media can be used against you, offer a few examples, and share some tips to help protect your case and your recovery.

Social Media May Be Public — Even If Your Profile Is Private

Many people assume that if their Facebook, Instagram, or other account, is set to “private,” it’s safe from prying eyes. That’s not necessarily true. Insurance companies and defense lawyers regularly monitor social media accounts. There are often different ways the information can be accessed. Plus, courts can allow them access to posts, photos, comments, and even deleted content, if it becomes relevant to your injury case.

In short, nothing you post online is truly private. Defense attorneys are skilled at locating, subpoenaing, and obtaining social media evidence. Once obtained, those same lawyers are skilled at using (and misusing) it against you.

Common Mistakes Injury Victims Make Online

Here are some of the most common — and costly — social media mistakes we’ve seen Alabama injury victims make:

• Posting about the accident:  Even a short title like “Got rear-ended today but I’m okay” can later be used to argue you weren’t seriously hurt.
• Talking about your injuries or recovery:  Comments such as “feeling better today” can be taken far out of context. As an attorney who has handled injury cases for many years, I know that pain levels go up and down. I know you can have good days and bad days when dealing with a serious injury. But, insurance companies will try to use your comments against you whenever possible.
• Sharing photos at events or vacations:  Insurance companies may try to use the photos to show you are not hurt as bad as you claim.
• Checking in at locations:  Location tags and check-ins can be used to track your movements and challenge your claims.
• Joking or sarcastic comments:  Even offhand remarks can be used to question your credibility or emotional distress.

It’s not just accident victims. One young Huntsville attorney likes to post things to social media that he actually admits are “cringeworthy.” Of course, he’s posting to get attention and cases. But, is it helpful to his clients. Of course NOT. His own comments and posts have hurt his clients and cases tremendously. They have resulted in courts and other lawyers having issues in his cases that should never have existed. As attorneys our primary job is to help our clients. Posting cringeworthy matters for attention does not accomplish that purpose. While it has not resulted in that young attorney actually getting a verdict and then having it reversed, this has happened to other lawyers.

How Insurance Companies Use Your Posts Against You

Insurance companies have one goal — To pay as little as possible for injury claims. If they can use your own words or images against you, they will. Here’s how:

• They take screenshots of your posts to capture anything they can use, twist or question.
• They compare your activities with your medical records or statements to argue that you are exaggerating.
• They pair your online activity with private surveillance to create a misleading narrative.
• They monitor your locations which makes it easier for a private investigator to conduct surveillance on you.

A Few Real World Examples Of Cases Hurt By Social Media

We’ve seen several personal injury cases in Alabama jeopardized by a client’s social media activity:

• One client posted a gym selfie weeks after a back injury. The post appeared to show the client lifting more than he should.
• Another client shared photos from a family barbecue. Although seated (and hurting), the photos were used to claim the client was leading a normal, pain-free life.

In both cases, these posts delayed or potentially reduced the value of the claim — Not because the injuries weren’t real, but because the defense used them to create doubt. In every case at the Blackwell Law Firm, we talk to our clients about the use of social media and how it may be used against you.

What Goes Around Comes Around

Social media can be used against you. But, it can also be used against opposing parties and their experts. We all know many people who overshare. In every case, we also review social media. I’ll never forget the case many years ago (back in the MySpace days) where I found a treasure trove of photos that absolutely destroyed a safety expert offered by the defense. Since then, on many occasions, we’ve found and used Facebook and other social media posts in cases.

Tips To Protect Your Case On Social Media

If you’ve been injured in an accident or on the job, follow these steps to avoid undermining your case:

• Stop posting if possible. Don’t share new information until your case is resolved.
• Ask friends not to tag you in posts or photos.
• Adjust your privacy settings — But know that privacy is no guarantee.
• Don’t delete old posts. Deleting content may be seen as destroying evidence.
• Don’t comment about your case, your injuries, the other parties, or the legal process.

The best practice is to go silent. I know that can be difficult for many people. If possible, let your medical records and your lawyer speak for you.

What You Should Do When Injured

Focus your energy on recovery. Attend all medical appointments. Follow your doctors’ advice. If you have concerns or questions about your claim, talk to your lawyer — not your followers.

At the Blackwell Law Firm, we take a hands-on approach. We work with our clients and provide advice throughout the medical treatment process. We want our clients to know they have help. In today’s legal world, that is not common. But, it’s the approach we believe best helps injured people.

Why Good Legal Advice Early On Makes A Difference

At Blackwell Law Firm, we don’t just file paperwork. We don’t just wait for medical care to complete. We guide clients through every step of the process. We believe real legal help walks through the process with you. We work hard from day one to help your recovery while building the best possible case for you.