How Social Media Posts Can Hurt Your Personal Injury Case In North Carolina
Key Highlights:
- How social media posts can hurt your personal injury case in North Carolina? Context is everything in how social media posts can impair a personal injury claim in North Carolina.
- Social media evidence injury claim can include data from photos, videos, comments, tags, check-ins, geotagging, fitness posts, and DM correspondence with friends and family.
- The keys to avoiding negative findings from an Insurance investigation social media injury claim are not to post anything that would appear to contradict your injury, treatment, pain level, or work restrictions.
- If, after an accident, you delete posts related to your injury, the other party could use the lack of evidence to say you removed them.
- The wisest action to take after an accident is to stop posting; do not post about the accident, and ask family and friends not to tag you in anything related to your injury.
If you’re wondering about how social media posts can hurt your personal injury case in North Carolina?, just how much worse could it be? Your social media posts can be used against you to challenge your injuries, your pain, what you can do daily (what limitations you have), the truthfulness of your statements for why you are seeking damages, and possibly the value of your case and how much money will be offered to you as compensation.
The fact that you are smiling in a picture does not mean you are no longer injured or that you are pain-free. The fact that you checked into a location does not mean you are without pain. However, an insurance company could potentially take either one of those social media posts and argue that there is nothing wrong with you and therefore deny your injury claim.
In a North Carolina personal injury lawsuit, your social media account activity can become an important piece of evidence if another party disputes your physical symptoms, your medical treatments, or your activities in day-to-day life.
I’m Robert Tatum, and I’m an attorney at Tatum & Atkinson Law Firm. We have over 65 years of combined experience at our veteran-owned law firm, getting compensation for clients and teaching them about how social media can impact personal injury claims in NC. We will stand up and work hard for you!
Why Can Your Smartphone Become Evidence After An Accident?
Your phone can tell a story, sometimes the truth; sometimes, it may be a lie.
If an accident happens, you may have to look at accident-related photos, videos, text messages, location tags, fitness data, and social media posts through the lens of your legal case. This is important because, according to the discovery rules of North Carolina, electronically stored information (ESI) is covered under these rules.
A definition of electronically stored information can be found in N.C. Rules of Civil Procedure Rule 26 includes reasonably accessible metadata such as:
- Date sent,
- Date Received,
- Author,
- Recipient(s), etc.
To learn more about what is meant by electronically stored information, see the N.C. Rule on electronic sources.
Although this doesn’t mean all online posts are potential evidence, it does mean that you should exercise caution when posting online.
What Are Insurance Adjusters Looking For Online?
With an Insurance adjuster social media review, they are looking to see if any of your posts contradict your injury claim. In reviewing your social media accounts, adjusters search through public photos, comments, tags, videos, check-ins, hobbies, travel and family events, gym posts, and work activities.
A birthday picture may not be an issue. A picture of you at the beach may not raise a red flag. A picture of you taking a short walk with your child may not be a concern.
However, the insurance company may question how you can smile in the photograph if you are injured or how you can stand at a cookout if your back hurts.
This is the difference between reality and a screenshot. Reality includes all the pain that you have experienced before and after the photograph. A screenshot does not contain any of the pain associated with the activity prior to or after the photo was taken.
Can A Harmless Photo Hurt Your Claim?
Yes, this can happen if the post is penalized in context.
For example, a Facebook posts accident claim includes when a person puts up a photo of himself eating at a family dinner (smiling for two seconds), but then they take that same person home and put ice on their neck every time they try to fall asleep.
The photo will show the smile, not the pain associated with the injury.
This is where the personal injury case credibility becomes extremely important. Medical records might show a severe limitation in the injured party, but the insurance company could use the plaintiff’s online posts to prove that he or she was living a normal, active life.
What types of posts get misread?
Common misinterpretations of posts can include gym photos, vacations, dancing, sports, yard work, hiking, check-ins, “I’m feeling better,” joking comments, work updates, and accident posts.
Sarcasm can also get misinterpreted; saying “I’m fine” may be to calm you down, but online it could be seen as an admission of guilt.
Why “Private” Accounts Are Not Always Private
Private accounts are better than public accounts, but privacy does not create invisibility. People can take screenshots of your posts, and people can tag you in things. A public comment could appear outside of your account. Official court disputes could involve whether any digital evidence on or about you can be discovered.
The UNC School of Government has written about how to properly authenticate digital communication and social media for use in court. An article that discusses how to authenticate social media evidence has also discussed how legal issues related to digital evidence can come into play.
So no, privacy settings are not a shield or invisibility cover for you. It is like a seat belt, a good help but not a magical help.
How Can One Post Undermine Months Of Medical Records?
Doubt can be created by just one digital media post. That is the danger of these types of posts. If you have been seeing many doctors, going through therapy, taking many medications, and following your work restrictions for several months, then one video of you lifting a cooler at a family function can give the insurance company an excuse to try to deny your claim based on the video because you appear to be able to perform a major physical activity without issue.
Social media personal injury case North Carolina is one of the problems, as an insurance company will look at your medical history, depositions, daily activities, and social media and try to use these to claim that you are not seriously injured. They will also try to use your social media to provide them with an advantage when negotiating a settlement with you.
In social media and injury settlements, the issue is not necessarily whether the post you made on social media shows that you are okay, but rather whether it gives the insurance company a reason to deny your claim or provide the insurance company with additional leverage against you when trying to settle with you.
How Can Friends and Family Accidentally Hurt Your Claim?
It’s not just the posts you make that could cause you trouble. Your friends and family can cause you just as much trouble with their tags, comments, photos, and check-ins.
For instance, your friend could post a photo of you at a restaurant because they tagged you in the photo. Your cousin could post a video of you dancing at a wedding. Your spouse might comment about how glad they are that you are back to being the way you used to be after the accident.
Even though they might have meant well when they posted about you, those kinds of posts could end up being considered accident claim evidence NC that could be used against you when making an accident claim in NC, especially if they involve you being active after the accident.
Tell your friends and family not to tag you, post any injury updates, talk about the accident, or share any photos or videos of you doing anything while you are waiting for the outcome of your claim.
What Social Media Mistakes Should You Avoid?
There are several common yet personal injury claim mistakes found online. These consist of sharing information about
- your accident
- injuries
- other driver
- insurance calls
- settlement discussions
- visiting doctors, and
- legal advice, i.e., what you think your case is worth.
The posting of old information without the assistance or advice of an attorney, accepting requests from people you do not know, or deleting information on the internet, sharing photos of yourself doing an activity or joking about being okay, or allowing others to tag you in photos will all hurt your personal injury claim.
That said, if you have posted something on the internet, do not panic and do not delete everything; speak with your attorney before taking any actions.
What Online Behavior Is Safer During A Claim?
Your social media presence can protect you from harm if it is set up cleanly. This means you will not be deleting everything. You will just be ceasing to provide the insurance company with loose items to manipulate.
Safer Online Behavior |
Risky Online Behavior |
| Pausing new posts | Posting accident updates |
| Asking friends not to tag you | Sharing gym, travel, or party photos |
| Saving existing posts | Deleting posts without legal advice |
| Talking to your lawyer first | Discussing settlement or fault online |
| Keeping posts private | Accepting unknown friend requests |
Simple rule: if a post could be misunderstood, wait.
Why Can Deleting Posts Create Problems?
If you delete a post, someone may see it as you trying to hide evidence, regardless of whether that was your intention.
If you remove a relevant post after a disagreement about your claim has started, you could cause questions to arise. You might also start another fight over preservation; this may not be what you want.
The best option is to stop posting new items on your pages and to consult a lawyer before deleting or changing older items.
You want to pause, not purge.
Can Fitness Trackers And Location Data Matter Too?
Indeed! Social networks include more than just pictures and social network messages. Data from other sources (for example, fitness-related applications, GPS information on cell phones, tracked steps taken, bike ride logs, or GPS-based running apps) and location-stamped data (example, GPS-based data) can potentially create issues in an online activity injury lawsuit.
The insurer could dispute your claim if you state that you could not walk far, but the activity record states that you had taken a much longer active time than your claim indicated.
It is always possible to explain the discrepancy (for example, another person was using the cell phone when the app registered those activities, or the app counted driving or sitting as if you had actually walked those steps, or you pushed through pain and later suffered some negative effect).
That is one reason that using data without any additional context can lead to negative implications for your case.
How Can You Protect Your Claim Online?
You do not need to disappear from life, but use caution.
Suspend your public postings on social media; do not make any statements to the media about the incident; tighten all of your privacy settings; and turn off the ability for others to tag you in their posts.
Do not post anything about how much pain you are in, if you worked out, traveled, attended a party (related to or not), if you went to work, or if you received medical treatment from any doctor or hospital.
Do not accept friend requests from people you do not know. Most importantly, tell your lawyer everything about the case, including if someone posts anything regarding the case that concerns you, early. If there are surprises, then the insurance company will win, not you.
“With most injury cases, no social media posts ever reveal the complete version of the events that occurred. In our view of what was posted, the medical records will show you, and the actual pain shown in the image that has been posted, AND the lack of context that the insurance company does NOT want you (our client) to have.”
How Social Media Posts Can Hurt Your Personal Injury Case In North Carolina
This is not to say that one bad post will ruin your personal injury claim in North Carolina; however, it does leave the insurer a path through which they may be able to dispute your credibility or the truthfulness of your claims. Insurance companies are trained to use an individual’s words or actions against them. In addition, they will use that information to support their position as to how much they are willing to settle for in a personal injury case.
Your case should be based on the truth, your medical records (if applicable), and the overall context of your situation. Protect your case through the establishment of these elements.
When Should You Talk To a Lawyer About Social Media?
If you’ve posted about your accident, received a low settlement or offer after making online posts, been tagged in any photos relating to the accident, or if you have questions about the use of your fitness tracker in connection with the accident and that information is accessible online, it is recommended that you speak with an attorney before proceeding.
An attorney will assist you in analyzing what risks you could incur from these social media or online postings; preserve what needs to be preserved; and provide you with information about how social media and online content may adversely affect your claim.
Talk To Tatum & Atkinson Law Firm About Social Media And Your Injury Case In North Carolina
Are you concerned about injuries due to social media evidence injury claims or how an insurance company looks at your posts, tags, or activities? If so, then our team of professional lawyers at Tatum & Atkinson Law Firm will be able to assist you! You have nothing to lose by contacting us today for a free consultation; there is no charge for the initial consultation or for legal representation until a monetary recovery is made on your behalf! Call (800) 529-0804 today!
FAQs About Social Media and North Carolina Injury Claims!
Can a smiling photo be used against me even if I’m injured?
Insurers may also seek to challenge any claims regarding how you are feeling by using any type of documentation in which you are smiling, even if it is not indicative of recovery or satisfaction.
Should I ask friends and family not to tag me in posts?
Yes. You should instruct individuals to refrain from tagging you, commenting on your status on social media, and sharing any updates related to the accident before your injury claim is finalized.
Can old social media posts be reviewed during a personal injury case?
While older posts can still be reviewed by an insurer to see if they are related to the injury, the activities performed, prior limitations from pain, etc., they will also look for things like credibility to help validate a work-related injury.
Is it a mistake to discuss my accident online?
While you cannot talk about fault, injury, treatment, insurance, or any type of settlement discussion, you also cannot discuss legal strategy while your injury claim is being processed.
Can fitness tracker data and social media activity be connected in a lawsuit?
Your activity, location, posts, and pictures from social media could all be used to substantiate or disprove your claim for an injury, should your claim not include therapy, rehabilitation, or surgery in your submitted medical records.
