For most of us, using social media is second nature. After a serious slip-and-fall or trip-and-fall on someone else’s property, your first instinct may be to update friends and family online. But when it comes to personal injury claims, especially those involving premises liability, posting online can cause more harm than good. Even a simple selfie or seemingly harmless caption could weaken your case and cost you the compensation you deserve. Continue reading and reach out to a dedicated New York City slip and fall lawyer from the Law Office of Richard M. Kenny to learn more about why you need to avoid social media after an accident. Here are some of the questions you may have:
Can Your Social Media Posts Be Used Against You?
Absolutely. And it happens more often than you think. Insurance companies are constantly looking for ways to minimize their liability. One way they do that is by scouring social media for any evidence that contradicts your claim. That smiling photo you posted from the park last weekend? It could be used to argue that your injuries aren’t as serious as you say. Even a vague status like “Feeling better today” might be twisted to suggest you’re already recovering, even if you’re still in pain.
Contrary to popular belief, setting your accounts to “private” doesn’t necessarily protect you. Courts have ruled in some cases that social media content is discoverable evidence. If the defense requests access and the court grants it, your posts–even the deleted ones–could be reviewed and scrutinized.
Why Is Social Media Activity So Risky After an Accident?
Because anything you say or do online can be misinterpreted, and once it’s out there, you can’t take it back.
After a premises liability accident, your legal team will build your case based on medical records, witness statements, surveillance footage, and more. But if your online presence suggests you’re physically active, emotionally unaffected, or inconsistent in your account of events, your credibility may take a hit. This is especially critical in “invisible injury” cases, such as soft tissue damage, concussions, or emotional trauma. Without visible wounds, the defense might lean on your online activity to suggest exaggeration or fabrication.
Moreover, social media doesn’t just affect your case–it can also impact your attorney’s ability to negotiate a fair settlement. Insurance adjusters are trained to find inconsistencies and use them as leverage to lower their payout. If they find online evidence that casts doubt on your claim, they may be less willing to settle or offer significantly less than you’re owed.
What Should You Do Instead of Posting?
Keep things quiet. Stay offline, or at the very least, refrain from discussing your accident, injuries, or legal case.
If you feel the need to update friends or loved ones, do so privately through direct conversations. And always consult with your attorney before posting anything that might even remotely touch on your injury, your condition, or your recovery process. It’s better to be overly cautious than risk jeopardizing your case.
Ultimately, the best course of action is to pause your social media activity altogether. It’s a small sacrifice for a potentially much bigger gain–your health, your case, and your future.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a slip & fall lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
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