Social media can be a useful and entertaining platform to share ideas and personal details about your life. However, you should be careful about the content you post on social media if you are pursuing compensation after an accident.
Insurance companies can use the information you post on social media accounts to affect your claim and the amount of compensation you may receive. For this reason, it may be in your best interest to refrain from using social media until you consult with an attorney.
Simien & Simien’s Baton Rouge personal injury lawyers understand the difficulties many people face while pursuing compensation after an accident. We will provide you a free, no obligation consultation to discuss your injury and how social media may affect your case.
Can My Social Media Activity Be Used Against Me?
In Louisiana, the content and images you post on your social media accounts can be used as discoverable evidence.
However, not all content and information on your social media account can be used against you. Rather, this only includes information that directly relates to your personal injury claim or the injury you suffered after the accident.
This leaves the following types of social media content available to be used as evidence during a personal injury case:
Postings related to the accident
Postings related to any emotional distress or suffering you have experienced since the accident
Photographs or postings that are related to potential emotional distress or that are inconsistent with your alleged mental suffering
Content that relates to the physical injuries you sustained as a result of the at-fault party’s negligence
Postings that relate to pre-existing or unrelated physical injuries
Photographs, videos or other content that show your physical capabilities are not consistent with the physical limitations you allege in your personal injury claim
Be Careful What You Post
Typically, social media is a very public outlet. Even if you have your privacy settings turned on, much of the information you post online can be easily accessed. If you post sensitive information about your case, your injuries or your medical treatment, an insurer may find it and use it against you.
Publicly divulging information about your personal injury claim can be damaging and may prevent you from obtaining the compensation you need. For this reason, consider following these tips when using social media after an accident:
Avoid posting information about your injury or the accident
Do not post any details about your personal injury claim
Do not post details about the medical treatment you are receiving
Do not post photos or videos about the accident or your injury
Do not accept friend requests from strangers
Do not accept or return messages from strangers
When you file a personal injury claim, it is important to understand that anything you post online can be used against you by the at-fault party’s insurer. Because of this, the best option to protect your claim is to avoid using social media until your claim is resolved.
Adjust Your Privacy Settings
After filing a personal injury claim, consider turning on your account’s privacy settings, if you have not done so already.
By adjusting your account’s privacy settings, you will be able to control who is able to access your social media profiles. This will enable you to restrict who sees the content you post, including your pictures and videos.
Although this may prevent most people from publicly viewing your social media profile, it does not completely prevent access to your account. An insurer may request that its adjusters or attorneys have access to your account and view the information you have posted, regardless of whether your privacy settings are turned on.
When you meet with your attorney, be sure to ask about your social media activity and what is appropriate to post after filing a personal injury claim. Your attorney will know how to best protect your social media content from insurers and attorneys representing the at-fault party.
Schedule a Free Consultation with Simien & Simien
If you have suffered an injury and need help pursuing compensation from the at-fault party, contact Simien & Simien as soon as possible.
We provide free and confidential consultations where you can discuss your claim with an experienced attorney. He or she will help you understand how you can protect your claim and what information you can and cannot share after being injured in an accident.
At Simien & Simien, we work on a contingency fee basis. This means you will not need to pay upfront fees when we represent you. We only require payment if we help to recover compensation on your behalf. There is no risk in contacting us to discuss your claim.
