Our Georgia personal injury attorneys at Ashby Thelen Lowry advise clients on how social media use can significantly impact their personal injury claims. It is important to be aware of the potential consequences of your online presence when pursuing a claim against a negligent party so you do not risk its potential to succeed.
Any statements you post to Facebook, Instagram, X, or other social media platforms, even seemingly innocent ones, may be taken out of context and used to suggest that you are minimizing your injuries or admitting fault. Even if you have privacy settings on your social media accounts, others can access your posts through friends, followers, or subpoenas.
Insurance companies and opposing parties often monitor social media accounts to find evidence contradicting the severity of an individual’s injuries. For example, if you claim you have suffered severe physical pain from an incident, but your social media posts show you engaging in physically demanding activities, it can be used to dispute your claim.
Here are several other ways your social media accounts can jeopardize your claim, and tips to keep that from happening.
Your Social Media Posts May Expose Your Location
Most social media posts automatically include your geolocation data, even if it is not apparent. If, for example, you claim you cannot travel due to your injuries, but your social media posts reveal you are in another location, it can be used to challenge your claim.
Your Character and Case’s Integrity Will Be Scrutinized on Social Media
Opposing parties may use your social media content to attack your integrity by viewing past images, videos, or comments that make you appear reckless, which could impact liability.
When liability is in question, the content you post can also influence the assessment of damages.
Likewise, if your social media shows you engaging in activities or enjoying life that contradict your claim of significant physical injuries and emotional distress — whether taken out of context or not — it can impact the calculation of economic and non-economic damages.
Social media posts are subjective. When the insurance company representative reviews your platforms, they will do so to purposefully undervalue or deny your claim, which means steering the narrative in their favor.
What Social Media Precautions Should I Take to Protect My Georgia Personal Injury Claim?
If you are uncomfortable pausing your social media use during your personal injury claim, the best advice is to be cautious about what you post. Refrain from discussing your injury or the incident, and avoid posting photos or status updates that could be used to dispute your claim.
- Review and strengthen your privacy settings to limit who can access social media content.
- Be selective about who you accept as friends or followers on social media to reduce the risk of unwanted individuals accessing your posts.
- Refrain from deleting or altering posts once a claim is filed, as it could be seen as destruction of evidence.
Remember that insurance companies and defense attorneys are likely to use social media content to their advantage, so being cautious about your online presence can help protect the strength of your personal injury claim in Georgia.
Contact our skilled Georgia personal injury lawyers and support team today at Ashby Thelen Lowry at (404) 777-7771 to schedule a free consultation so we can guide you through the claim process and pursue the best outcome for your unique case.