Should I Use Social Media During My Arizona Personal Injury Court Case?

Around four billion people have at least one social media account. More than 300 million photos are uploaded to an online platform each day. It may seem unthinkable to go weeks or even months without using Instagram, Facebook, Twitter, or Tiktok.

Using social media sites while in the middle of a personal injury claim, however, can actually damage your case. What you say, where you check in, and how you act online can all be used against you to diminish your settlement. Even platforms like LinkedIn and Pinterest may be checked by the other party’s attorneys.

Most lawyers caution against posting on social media platforms at all until your case is settled. If you absolutely must use social media, consider using the following strategies and tips for protection.

Social Media Strategies to Use During Your Case

Stick to just “liking”

If you can’t stay off social media altogether, the next best thing is to avoid posting your own content. Simply scroll through your friends’ posts and like them if you want. Try to avoid commenting as much as possible.

Check your privacy settings

Leaving your profiles visible to the public can make it easy for the opposing side to comb through your posts. Make your content visible to friends only. This doesn’t mean you can post whatever you want– the court may request information from your social media pages anyway. It will, however, make it a little more difficult for just anyone to see your posts.

Consider the content of your posts and comments

Insurance companies and their attorneys will look for any detail you share that could damage your claim. If you are claiming an injury to your leg, but post a photo of yourself on a bike, the opposing counsel will likely use the photo as evidence that you are not as hurt as you claim. 

Likewise, think about how often you comment on friends’ posts, and what you say in those comments. Your friends may not have the same privacy settings that you do, so your comments could be published for the whole world to see.

Limit location-based check-ins

Avoid “checking in” at businesses or other locations, especially places like gyms, trailheads, or sports classes, even if you won’t be particularly physically active while there. The other party can still use this to argue that you are not as injured as you claim.

Stop and think before hitting “post”

Social media does a great job of eliciting emotional reactions from even the most level-headed among us. It can be easy to post, share, or comment without thinking.

Any time you go to post something on any platform, take a second to consider. Ask yourself if there is any way it could be used against you in court. Consider saving the post as a draft for a while–in some cases, a few hours will pass and you’ll have lost the urge to post in the first place.

Social Media Pitfalls to Avoid

Don’t speak about your accident or injuries

One of the best ways to damage your personal injury claim is to talk about it on social media. You may accidentally contradict your own testimony. It’s important to be completely honest in a personal injury case, and if you unintentionally contradict your own claims, you can ruin your case.

This is the same reason that you should not admit fault or assign blame after an accident. If you say too much without meaning to, the at-fault party’s insurance provider can use your words against you.

Don’t accept friend requests from people you don’t know

This is generally good advice for any time of life, but it is especially true during a personal injury case. You do not know who may be trying to see your posts. Do not accept a friend request unless you personally know the person who sent it. Even better, don’t accept any friend requests at all until your case is settled.

How an Arizona Personal Injury Attorney Can Help

To play it safe, the best course of action is to avoid social media altogether during your injury case. If that is not a possibility for you, your next best option is to follow the advice of an experienced personal injury lawyer.

The Arizona Advocates are competent, caring accident attorneys who can offer you sound legal advice and help you understand the potential risks of using your social media accounts during your case. We have been representing accident victims for three decades, so we know the tricks insurance companies will use to avoid offering you fair compensation for your damages.

From the moment you first contact us, your Advocate will be by your side to help you in your recovery. We can assist you in accessing medical care, finding local repair shops, and communicating with your employer. We are skilled negotiators and fierce litigators who will do everything in our power to get you the settlement you deserve.

Contact us today for a free consultation. You deserve an attorney who will put your best interests first. You deserve an Advocate.