It’s understandable if you reach out on social media to vent your frustrations or seek support after an accident. However, insurance companies and defendant attorneys in Ohio and Kentucky can use social media activity as evidence to undermine a personal injury claim.
Courts have consistently ruled that defendants can access your social media activity during discovery and trial for information relevant to your case. In a personal injury claim, social media posts about the accident, your subsequent activities, or your state of mind may pass as relevant information.
If you are worried about how social media can affect your personal injury claim, contact our knowledgeable Northern Kentucky of Cincinnati personal injury lawyers at Lawrence & Associates Accident and Injury Lawyers, LLC, for a free consultation.
Can Insurance Companies Monitor Your Online Activity?
Looking at online activity has become standard practice when insurance adjusters investigate personal injury claims. Courts have ruled that accessing your social media activity does not violate your right to privacy.
If you’re seeking compensation for a back injury after a Cincinnati car accident, be mindful of what you share online. If the insurance company finds photos of you at the gym after the crash, they may use them to challenge your claim. Even securing coverage for your initial medical treatment can become an uphill battle.
Insurance companies can easily monitor activity on publicly available social media profiles. However, even if your posts are private, insurers and defendants can ask you to produce information from your social media accounts.
If you refuse, a judge will likely require you to do so. Courts don’t allow fishing expeditions but they do usually allow access to relevant evidence. For that reason, it’s best to avoid posting until your case is resolved.
What Types of Social Media Posts Can Be Used Against You?
How Defense Attorneys Use Social Media in Court
Courts have established that defendants and insurance companies can access several types of social media activity based on state and federal rules of evidence. Examples of social media posts that can be used against you after being injured in an accident include:
- Photos
- Videos
- Check-ins
- Comments
- Status updates
- Tags from friends
Digital evidence in personal injury cases could even lead to criminal charges. After an injury, an Ohio woman claimed she couldn’t return to work. Workers’ compensation investigators found pictures of her at a new job on her Facebook page. In a subsequent criminal fraud trial, the judge sentenced her to $60,000 in restitution, 17 months of incarceration, and five years probation.
In another case, a man injured in a golf cart accident sued the course for failing to maintain the path. During litigation, the defense pointed to a two-year-old social media post showing him standing on a golf cart roof. But that reckless moment had nothing to do with his injury — it happened long before, and didn’t mean he was acting irresponsibly when the accident occurred.
Defense attorneys can seek social media posts during discovery in personal injury cases. This is the period when the two sides exchange evidence. If you post on social media after an accident and it’s relevant to your case, they can use it to discredit you. It may undermine your version of who was responsible for your injuries or the extent of your damages. They may even enlarge pictures of your posts for effect and use them as trial exhibits.
Even seemingly innocent social media mistakes can hurt your lawsuit. If a jury doesn’t consider you credible, you may receive no compensation or significantly less than you deserve.
It could cost you more than compensation for medical bills and lost wages. Non-economic damages—like pain and suffering—reflect how the accident has impacted your life. These damages are often higher than economic ones, so a harmful social media post could mean losing a significant portion of your rightful compensation.
What if I Already Posted Something That Could Hurt My Case?
If you already discussed your personal injury claim on social media or posted something that could hurt your claim, you may create more trouble for yourself by deleting it. A court could construe that action as destroying evidence the defense had a right to acquire.
Your best course of action is to avoid adding additional comments, posts, or pictures. Monitor your friends and family’s social media activities, and be sure they aren’t tagging you in posts that could undermine your claim.
If you are concerned about how your social media activity might affect your claim, partner with an experienced personal injury attorney immediately. They can advise you on moving forward, and acting quickly will give them time to prepare for any issues related to your social media activity.
Should I Delete My Social Media After an Accident?
Deleting your social media accounts after an accident might seem like a good idea, but as with removing individual posts, doing so can backfire. Insurance companies and defense attorneys might argue that you destroyed evidence, which could damage your credibility in court.
Instead of deleting your accounts, the safest strategy is to stay off social media entirely while your personal injury claim is ongoing. The less often you post, the fewer opportunities you give insurance adjusters to twist your words or use images against you after an accident.
Justin Lawrence
Founding Partner
“When a client is hurt, it isn’t just about the dollar figure on their medical bills. Often, every aspect of their lives are impacted, from their work, to their family, to their own worldview and sense of self. A good lawyer representing somebody that was injured, seeks justice for that physical arm, but a great lawyer considers the personal toll. It’s important to me that we are taking that whole picture into account for our clients. ”
Why Choose Lawrence & Associates for Your Personal Injury Case?
Our skilled personal injury lawyers in Cincinnati can assist you if your social media activity may affect your personal injury case. We treat clients like family and set ourselves apart from other firms by offering a Client Bill of Rights that includes:
- The Right to Full Analysis: At the beginning of your case, meet with a specialist who can evaluate all aspects and ensure you’re filing the right claim
- The Right to Efficiency: Lawsuits are not short but should be resolved as quickly as possible. We endeavor to resolve your case more speedily than our competition would do.
- The Right to Updates: Your attorney will provide regular updates. This way, you’ll know what’s happening when it happens and that everything is moving forward normally, even during less active times.
- The Right to Specialization: At Lawrence & Associates, our attorneys limit themselves to a maximum of two practice areas to avoid becoming a jack of all trades but a master of none.
- The Right to Authority: Your legal team understands that you call the shots when it comes to settling or filing your case. The case belongs to you, and all the decisions are yours.
Read more about how we’re different from other law firms based on our Client’s Bill of Rights. Contact us for a free case evaluation if you have additional questions. You can also view our case results, client reviews, and testimonials to see how our approach to the law has positively impacted our clients and their families.
Protect Your Personal Injury Claim – Get Legal Guidance Today
Social media can have a serious impact on your personal injury case. Insurance companies looking to minimize your compensation could use a single post, photo, or comment as evidence against you. Don’t let a simple mistake jeopardize your right to the financial recovery you deserve. Consider making your social media accounts private after an accident to protect yourself from insurance companies.
At Lawrence & Associates Accident and Injury Lawyers, LLC, we understand the challenges you’re facing and are here to protect your rights every step of the way. Our experienced Cincinnati & Northern Kentucky personal injury attorneys can guide you on what to do and avoid so you don’t unintentionally harm your case.
Call us today for a free, confidential consultation at (513) 951-6723 in Ohio or (859) 251-3045 in Kentucky, or contact us via our intake form to get started. Let us fight for the compensation you deserve while you focus on healing.
