In the digital world, sharing your moments on social media has become your second nature. Whether it’s updating friends about an event, expressing feelings, or sharing a photo, social media platforms like Facebook, Instagram, Twitter, and TikTok have become integral to our daily lives. However, when you have been involved in a car accident and are pursuing a personal injury claim in Florida, posting on social media can do more harm than good.
What you post online, even seemingly innocent updates, can easily be used against you by the insurance companies and defense attorneys to weaken or deny your claim. This blog will explain why posting on social media after a car accident could ruin your personal injury claim, the potential consequences of these posts, and provide real-life examples of how social media mistakes have impacted personal injury cases in Florida.
The Role of Social Media in Personal Injury Cases
It is the insurance companies that are always looking out for ways to minimize the amount of money they have to pay out regarding personal injury claims. One of the very first places they will look to gather evidence is your social media accounts. Posts, photos, likes, and even comments can all be used to suggest that your injuries are not as severe as you claim, or to contradict statements that are made during the entire litigation process.
In Florida, anything you post publicly can be discovered and used as evidence against your case. Even posts that are set to private can be obtained through legal means, such as subpoenas or court orders.
Here are several reasons why social media posts can negatively affect your car accident claim.
Contradicting Your Injury Claims
If you pursue compensation for injuries that are sustained in a car accident, like back pain, whiplash, or a broken limb, and social media activities like posts of images, and sharing them with your loved ones that appear to contradict your injury claims, can be used against you.
Undermining Claims of Emotional Distress
Car accidents never just result in physical injuries; they often lead to emotional trauma, like anxiety, depression, or post-traumatic stress disorder. Victims do seek compensation for most of the emotional distress alongside physical injuries. However, if you post carefree and happy photos on social media, the defense might argue that you are not suffering from the emotional trauma you claim.
Admissions of Fault or Liability
After a car accident, it is natural to want to share your experience online, to explain precisely what happened, or express your deep frustration. Even a simple post explaining your side of the story can easily be twisted and used to suggest that you were at fault or partially responsible for the accident. Florida operates under a modified comparative negligence system, which means that if you are found to be more than 50 percent at fault for the accident, you cannot recover compensation. Any admission of fault, even unintended, can severely impact your case.
Legal Implications of Social Media in Florida Car Accident Claims
In Florida, courts have already ruled that social media posts are admissible as evidenced in personal injury cases. Anything that you post on social media can be subpoenaed and used by the defense. If your social media accounts are set to private, Florida courts may compel you to provide access to your account if the defense can demonstrate that your posts are relevant to the case.
Some of the key legal considerations in Florida, regarding social media use after a car accident, are as follows.
Here are some key legal considerations in Florida regarding social media use after a car accident:
Discovery Rules
Florida courts permit broad discovery in civil cases, allowing both parties to request access to a wide range of evidence that may be relevant to the case. This basically consists of social media posts. If the defense believes that your social media activity contains information pertinent to your injuries or the accident, they may request access to your accounts. However, failing to comply with such requests can harm your case.
Privacy Settings Offer Little Protection
It is commonly believed that setting one’s social media account to private will automatically protect them from having their posts used in court. However, courts in Florida have ruled that privacy settings do not guarantee protection from discovery. If the court determines that your posts are relevant to the case, it can order you to provide access, even if your account is private.
Deleting Posts Can Backfire
After an immediate accident, some people are tempted to delete old posts that happen to be damaging to their claim. However, Florida courts might consider the deletion of social media posts as “spoliation of evidence,” which means that you intentionally destroyed evidence that is relevant to your case. Suppose the court finds that you deleted posts to hide proof. In that case, it can immediately result in severe penalties, including dismissal of your case or an adverse inference instruction to the jury as well.
What to Do and Not Do on Social Media After a Car Accident
Recently, suppose you sustained a personal injury due to a car accident in Florida and are pursuing a personal injury claim. In that case, it’s essential to be absolutely cautious regarding your online activity, particularly on social media sites. Here are some tips to protect your claim.
Avoid Posting About the Accident
Never post any details regarding the auto accident, your car accident injury, or how you are feeling regarding the crash. A seemingly harmless status update, which shows that you are okay, can be used to downplay your injuries or diminish the value of your insurance claim.
Avoid Posting Photos of Yourself
Do refrain from posting photos of yourself, especially if they show you engaging in physical activities or having fun. These posts are often saved as screenshots and used to argue that your injuries are not as severe as you claim them to be.
Set Your Accounts to Private
Privacy settings never offer complete protection, but it’s still a good idea to set your social media accounts to private. In turn, this limits who can access your posts, including insurance adjusters who may send you friend requests of people you don’t know in an attempt to gather evidence.
Avoid Discussing Your Case
Never discuss any aspects of your case online, including settlement negotiations, private messages regarding the accident, or conversations with our car accident attorneys from Abercrombie P.A. Do keep all case-related matters private.
Consult with our Attorney
It’s time to discuss your social media usage with our car accident attorneys from Abercrombie P.A. Our legal practitioners can provide ultimate guidance on what is and isn’t safe to post while your case is ongoing.
Concluding Thoughts
In Florida, making a post on social media immediately after a car accident may have serious consequences for your personal injury claim. Insurance companies and defense attorneys do monitor online activity for evidence and question your injuries, credibility, and even your role in the accident. Accepting a new friend request from someone you don’t know can grant them access to your status updates or private messages, creating unnecessary risks to your account.
By being mindful of what you post online and consulting with our experienced car accident lawyers from Abercrombie P.A., you can always avoid common social media pitfalls and protect your claim. For car accident cases, it is best to be on the side of caution and refrain from sharing personal information on social media websites until your case is resolved.
