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Can Social Media Hurt Your Personal Injury Claim In Louisiana?

  • By: Gennusa Firm
Stethoscope on Personal Injury Claims notepad for Louisiana law

In today’s world, social media is simply part of everyday life, but if you’ve been injured in an accident, what you post online can have serious consequences for your personal injury claim. Insurance companies routinely monitor social media accounts, looking for anything they can use to deny or reduce compensation. We’ll help you discover…

  • Whether your social media posts can hurt your personal injury case.
  • If posts that you have deleted can still be used in court.
  • How to navigate social media if you have a pending personal injury claim.

Can Insurance Companies Use My Social Media Posts Against My Personal Injury Claim?

Not only can insurance companies use your social media posts against people in personal injury cases, but they regularly do. If you file a personal injury claim or lawsuit, you can expect the insurance company to review your social media activity. They are actively looking for any reason to challenge your credibility or suggest your injuries aren’t as serious as you claim.

Here are a few good rules of thumb:

  • Set your social media profiles to private.
  • Update your privacy settings regularly.
  • Do not accept friend requests from people you don’t personally know.

What Types Of Social Media Posts Most Commonly Hurt Personal Injury Cases?

The most damaging posts are often the ones made immediately after the accident. For example, if you post something like, We were rear-ended on the highway today, but thank God everybody is okay, that statement could later be twisted by the insurance company to argue that you weren’t seriously injured, even if symptoms showed up later.

Even if your intention is simply to reassure friends and family, these posts will likely be taken out of context. If your friends and family can see it, chances are, the insurance company can too.

Can Comments From Friends Or Family On My Posts Damage My Personal Injury Case?

While you may not be able to control what others post, it’s important to let your friends and family know not to post about your accident or injuries. Even well-meaning comments can be misinterpreted or twisted by insurance companies to downplay your condition or suggest you’re exaggerating. For this reason, it’s best not to post anything about the accident on social media at all and ask your loved ones to do the same.

Can Deleted Or Private Social Media Posts Still Be Used As Evidence In Court?

Even if a post is deleted or made private, it can still be discovered and used in court. Deleting posts may even make it look like you’re trying to hide something, which can hurt your credibility. Insurance companies often hire investigators and spend significant resources combing through digital activity. Deleted content can be retrieved, and private settings aren’t always enough to shield you.

What Are The Best Ways To Protect Your Personal Injury Case From Social Media Pitfalls?

The best protection is simple: don’t post about your accident at all. If you do post:

  • Avoid mentioning your injuries or recovery.
  • Don’t share photos or updates that could be interpreted as you feeling “fine” or being active.
  • Be mindful that anything you post from the day of the accident forward may be used as evidence.

For instance, if you’re claiming that you can’t work due to your injuries but post photos of yourself on vacation or participating in physical activities, the insurance company will likely use those posts to argue against your claim.

The Insurance Company’s Snap Judgment

Insurance companies are very quick to judge. They often assume that injury claims are exaggerated or false, and they actively look for reasons to discredit people. Social media is one of the first places they look.

Judges and juries, on the other hand, tend to be more understanding. In court, a client can explain the context behind a post or photo and provide their side of the story, something insurance companies generally don’t care to hear. The courtroom gives people the opportunity to present the full picture, not just a snapshot taken out of context.

Still Have Questions? Ready To Get Started?

For more information on social media and injury claims in Louisiana, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 308-0922 today.

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