The Impact Of Social Media On Personal Injury Claims In New York

Many accident victims are unaware that social media can have an unexpected, negative impact on their personal injury claims. The urge to share updates or post photos after an accident, whether to keep friends informed or document your recovery, can be tempting. However, it’s vital to understand that insurance companies and defense attorneys can use your social media activity as evidence against your accident claim. Any post or tag can be used to question the severity of your injuries, your honesty, or the legitimacy of your claim. In New York, where personal injury cases often rely on clear and credible evidence, social media can be a potential minefield that can sway your case.

New York personal injury laws protect your rights to seek fair compensation for injuries, but they also hold you to a standard of honesty. Any post that might suggest a contradiction to your claim—even if it’s unintentional—can be used to reduce or deny your compensation. For example, a photo of you at a family event, even if you were sitting and resting, could be used to argue that your injuries are not as severe as you claim. Insurance companies may be actively looking for any reason to diminish your case, so I always advise my clients to avoid social media during a personal injury case or be extremely cautious if they choose to stay online.

The Legal Ramifications Of Social Media Posts

In a New York personal injury case, anything posted on social media can be considered public information, even if your account is set to private. Courts have increasingly allowed social media posts as evidence in civil cases. New York’s Civil Practice Law and Rules (CPLR), which govern civil procedure in New York, allow defendants to request access to your social media accounts if they are able to successfully argue that your posts are relevant to the case.

Additionally, friends or family members might post photos or tag you in locations, potentially complicating your case. Even if you think a post is harmless, it’s important to remember that what seems ordinary could be interpreted differently by those looking to challenge your case.

Privacy Settings Aren’t Foolproof

While setting your social media accounts to “private” may seem like a protective measure, courts can grant access to private social media content if it’s relevant to the accident case. In New York, the opposing party can request access to certain private posts, arguing that this social media content could provide a clearer picture of your activities after the accident.

Additionally, any content you’ve posted publicly, even briefly, can still be accessed or saved by others. It’s common for defense teams to take screenshots of public posts quickly after the accident or injury occurs, and they can use this material later, even if you’ve since removed the post or changed your privacy settings.

Common Types Of Social Media Evidence Used Against Personal Injury Claims

Social media evidence that could affect your personal injury case includes photos, videos, comments, check-ins, or status updates. Each of these can be misinterpreted in ways that question your claim. For instance:

• Photos or Videos – If you post photos of yourself engaged in activities that suggest mobility or strength, the defense might argue that your injuries are not as severe as you claim. Even photos showing you smiling or appearing happy can be misconstrued as evidence that you’re not suffering emotionally.
• Location Check-ins – Checking in at a location like a gym, restaurant, or vacation spot can be used to argue that you’re physically capable of activities inconsistent with your claims.
• Status Updates or Comments – For instance, a post about feeling “fine” or being “okay” can be misinterpreted as a sign that you’re recovering well, even if you’re trying to stay positive for your friends or family. Similarly, a check-in at a local restaurant could be used to argue that you’re physically capable of activities inconsistent with your claims.

How To Protect Your Claim While Using Social Media

The best approach during a personal injury claim is to limit your social media activity. If you can, avoid posting anything until your case has been resolved. If that’s not feasible, consider these tips:

• Avoid Discussing the Accident – Don’t share details about the accident, your injuries, or your claim. Even vague references can be used against you.
• Review Your Privacy Settings – Make sure your accounts are as private as possible, though remember that this is not foolproof protection.
• Ask Friends and Family to Avoid Tagging You – Politely ask your loved ones to avoid tagging you in photos or posts, as this content may still be viewable by others.
• Be Cautious About Posting New Photos or Updates – Anything you post can be taken out of context, so think carefully before sharing photos or updates. Even seemingly harmless posts can be used to undermine your case.

Personal Injury Claim FAQs

Can Insurance Companies Look At My Social Media During A Personal Injury Claim?

Yes, insurance companies often monitor claimants’ social media accounts for evidence that might reduce or deny claims. They may look for posts, photos, or comments that suggest your injuries are not as severe as reported. In New York, courts may allow social media content as evidence if it’s relevant to the case. This is why I strongly advise clients to limit or avoid social media until their claim is resolved.

What If My Social Media Accounts Are Private?

Private settings do not guarantee complete privacy in a personal injury case. Courts in New York can grant access to private posts if they believe the content is relevant to the claim. If the opposing party can show that your private posts may offer information on your physical or emotional condition, they may gain access. It’s best to be cautious and avoid posting anything that could impact your claim, regardless of your privacy settings.

Can Old Posts Be Used Against Me In My Personal Injury Claim?

Yes, even older posts may be relevant, depending on the nature of your claim. For example, if your case involves a long-term injury or ongoing medical condition, older posts that show you engaging in activities contradictory to your claim may be used as evidence. Insurance companies and defense attorneys may look for any content that contradicts your reported injuries, so it’s wise to review past posts and remove anything that could be misinterpreted.

What Types Of Social Media Content Can Hurt My Personal Injury Claim?

Several types of content can negatively impact your claim, including photos or videos showing physical activities, location check-ins, and any status updates or comments about your condition. Defense attorneys may use this content to argue that your injuries aren’t as serious as you claim. Even a post that simply shows you enjoying a social event can be used to question your emotional suffering or recovery needs. As your attorney, I can guide you on how to protect your claim while using social media.

Should I Delete My Social Media Accounts During A Personal Injury Claim?

Deleting social media accounts can create complications in your claim. Courts could view deleting accounts or posts as an attempt to hide evidence, which could harm your case. I recommend limiting your activity and avoiding posts that might be misinterpreted.

The Right Law Firm Is Right Here

At Jonna Spilbor Law, we understand how complex personal injury claims can be, especially with today’s digital challenges. Our team is here to guide you through every step, including protecting your claim from social media pitfalls. We work tirelessly to safeguard your rights and build a strong case on your behalf.

For a free consultation, contact our Poughkeepsie injury attorney at Jonna Spilbor Law. Please contact the office location most convenient for you. Call our Poughkeepsie office at (845) 485-2529, our New York City office at (646) 922-9789, or our Cold Spring office at (646) 922-9789. We proudly serve clients across the Hudson Valley, Dutchess County, Putnam County, and New York City. Let us help you secure the justice and compensation your case deserves.