Can Social Media Posts Affect My Personal Injury Case?
One of the questions that personal injury victims in Alabama often ask their lawyers is whether their social media posts can affect their claim. The short answer is an emphatic yes! In fact, what you post on your social media accounts can have an impact on the amount of compensation you can receive from the at-fault party – or whether you can receive any compensation at all.
How Social Media Posts Can Affect Your Alabama Personal Injury Claim
Insurance companies can be extremely hawkish when it comes to settling personal injury claims. Their only goal in such cases is to deny the claim altogether (if possible) or to minimize the value of the claim to the extent they can.
The claims handler – whose duty is to investigate your claim and determine whether it is legitimate and whether you deserve to be compensated – will keep a close eye on you and keep track of everything you do – including and especially what you post on social media.
If you accidentally post anything – a status update, a comment, a picture, or a video – that contradicts your official statement regarding how the accident happened or what kind of injuries you suffered, it could be used against you by the insurance company.
For instance, if your claim mentions that you injured your ankle in the accident, and if you post a picture of you standing in a basketball court, the insurance company might argue that you are not as seriously injured as you claim to be and you do not deserve the compensation you are asking for.
Remember – the insurance company you are dealing with is a for-profit organization – just like any other business enterprise. So, do not expect them to do what is fair or right. They will do whatever it takes to increase their profit margin – even if it means denying what you are rightfully owed under the law.
Why You Could Be Denied Compensation Based on What You Post on Social Media
Alabama is one of only a handful of states that follows the doctrine of contributory negligence, under which you can be denied compensation for your injuries if you are found to have contributed to the accident in any way.
What this means is that if the at-fault party is found to be 99% at fault for the accident, and if you are found to be 1% at fault, you cannot recover even a single dollar from them.
This is precisely why you should be extremely careful about what you post on social media, as anything that contradicts your official statement regarding the accident can be misconstrued as an admission of fault, in which case you might not receive any compensation for your injuries and other losses.
For instance, if someone asks you about the accident and if you tell them that you should have been more careful, you should have seen it coming, or something along the lines, it could be interpreted as an admission of guilt or fault. The insurance company might use it to prove that your own negligence was a contributory factor to the accident, as a result of which you might not receive any compensation whatsoever.
Social Media Rules for Personal Injury Victims in Alabama
- Set all your accounts to private.
- Do not accept follower or friend requests from anyone, as it could be someone from the insurance company.
- Do not post anything related to the accident, the injuries you suffered, the claim you have filed, and the compensation you are planning to ask for.
- Do not post anything about the lawyer who is handling your claim.
- Do not post anything about the treatment you have received or the doctor’s assessment of your injuries.
- Do not post anything about your day-to-day activities – what you are able to do, what you are not able to do because of your injuries, and so on.
- Do not respond to anyone who asks you about the accident, your injuries, or anything related to your case.
- Do not post anything about the at-fault party.
- Do not post any pictures or videos of your injuries or your physical condition in general.
Looking to File an Alabama Personal Injury Claim? We Can Help You!
At Smith Law Firm, we know the extent to which insurance companies can go to deny or reduce the value of a personal injury claim. We also know that even an unintentional mistake on your part can severely affect your chances of receiving the compensation you deserve.
We have experienced Alabama personal injury attorneys who can guide you through the claims process, make sure you do not post anything on social media that can affect your claim, and fight hard to recover the maximum amount of restitution from the party responsible for your injuries.
To discuss your claim with one of our Alabama personal injury attorneys, call us today at 334-702-1744 or contact us online and schedule a free consultation.
