These days, it’s almost second nature to hop online anytime one of life’s major events happens - for better or worse. Though we are all quick to document the ins and outs of our day-to-day life, there are situations where you should stop and think before sharing. This certainly includes car accidents or instances of personal injury.
When it comes to Indiana personal injury claims, what you post on social media can be used against you in ways you might not expect.
At CCHA Law, our team of Indiana personal injury attorneys reminds clients that what you post online after a car accident can directly affect your injury claim. Here’s why staying offline matters.
Videos, photos, and comments on your social media sites can negatively influence outcomes during settlement negotiations and/or trial. Social media evidence almost always comes up during the discovery stage of a lawsuit when insurance companies and defense attorneys frequently review your online activity. The discovery stage is the period after the defense files a response to your lawsuit but before the trial starts.
Social media posts, comments, and photos are considered evidence and can be used in court or settlement negotiations.
Even seemingly harmless content (like a smiling photo or “feeling better today!” post) can be misinterpreted to minimize your injuries or undermine your credibility.
Insurance adjusters and opposing counsel can:
Use posts to argue you’re not as injured as claimed.
Reference your activities to dispute your pain and suffering.
Find inconsistencies between your testimony and your online presence.
Don’t Vent About the Other Party or Insurance Company
Frustrated posts can make you appear hostile or unreasonable, and that can actually negatively impact your outcome.
Avoid Sharing Photos or Videos of the Accident
It can be tempting to post images of the accident, your injury, or the crash site, but this should be avoided. This is especially important if you or a passenger has experienced a serious or catastrophic injury. Keep these to yourself and your attorney.
Health or Recovery Updates
Announcing that you’re “feeling better” might seem like good news, but insurers can use it to argue your injuries aren’t serious. Keep recovery updates private and between you and your doctor.
If you’ve been injured, your phone can still be a valuable tool, but we recommend using it strategically and privately.
Document the Scene. If you can, take photos of vehicle damage, weather conditions, and surroundings immediately after the accident (once medical needs are handled).
Track your recovery privately. In the days and weeks after the accident, note your progress and treatment. This includes things like your emotional reaction to your injury or accident, the impact the injury has had on your daily life, record pain levels, doctor visits, etc.
Document physical injuries as they progress. This includes things like photographing your initial wound, the healing stage, and any permanent scars left behind.
If you or a loved one has been injured because of someone else’s negligence, you have the right to experienced legal representation. At CCHA Law, our personal injury lawyers help clients across Indiana recover compensation for medical bills, lost wages, and pain and suffering.
We proudly serve clients throughout the state, with offices located in Noblesville, Fishers, Westfield, Zionsville, Crown Point, Fort Wayne, and Tipton - and we’re committed to meeting clients wherever they are, in person or virtually.
Contact us today to schedule a free consultation to discuss your case and learn how we can help you pursue the compensation you deserve.