Our Denver personal injury attorneys at Donaldson Law, LLC explain to our clients that every statement they make after an accident can be used against them when filing a Colorado personal injury claim.
It’s crucial to understand that even seemingly harmless conversations with another driver, property owner, or insurance representative can be used in ways that might undermine your position. That’s true for social media use, too.
While social media platforms like Facebook, Instagram, and X are integral to many people’s lives, it’s crucial to understand that posting updates, photos, or comments during a pending personal injury case can have unintended consequences. Here, we delve into the potential risks and their impact.
Insurance Companies and Defense Attorneys Monitor Social Media
Insurance companies and defense attorneys often monitor injury victims’ social media activity. They may look for posts, photos, or comments contradicting the injuries’ severity or suggesting that the injury has not impacted their lives as significantly as stated.
Public posts are easily accessible, and even with strict privacy settings, social media content can be discovered legally. Courts can issue subpoenas to access private messages, posts, and other content that may be relevant to the case.
Friends or family members tagging our clients in posts or sharing photos can also create issues. These posts may be visible to a broader audience, including the defense team.
Social Media Posts May Contradict Injury Claims
Photos or posts that show the injury victim engaging in physical activities, traveling, or participating in social events can be used to argue that the injuries are not as severe as they claimed. For example, if someone claims they have severe back pain but posts photos of a hiking trip, the defense might argue that the injury is exaggerated or fabricated.
Social media posts are often taken out of context. A single photo or comment could be misinterpreted or presented in a way that harms our client’s case, even if it does not accurately reflect their current condition.
Even seemingly innocuous posts can be misinterpreted. For example, a post expressing excitement about an event or activity might be used to argue that they are not suffering from the emotional distress or physical pain described in their claim.
Social Media Posts May Impact Settlement Negotiations
If the defense finds social media evidence contradicting the injury claims, it can undermine our client’s position. This might lead to a lower settlement offer or a more challenging legal battle.
The discovery of social media evidence can also lead to delays in the legal process. For example, the defense might request additional time to investigate our client’s social media activity, prolonging the case’s resolution.
Social Media Legal Implications and Advice
Insurance companies and defense attorneys actively search for any information that might discredit our client’s injury claims, and social media provides a rich source of potential evidence.
Our personal injury attorneys in Denver advise clients to exercise extreme caution when using social media after filing a claim. This includes refraining from discussing the case, the injury, or any activities perceived as inconsistent with their claims. By doing so, they can take control of their online presence and protect their legal rights.
Contact Our Skilled Personal Injury Lawyer Today
Our experienced Colorado personal injury lawyers at Donaldson Law, LLC, are here to help you protect your legal rights and options. From the start of our partnerships, we can guide you on how to navigate the complexities of personal injury claims in the digital age. Call (303) 458-5000 or contact us online to schedule a free, confidential consultation to discuss your case. We’re ready to listen and provide the support and guidance you need.