IS IT OK TO POST ABOUT MY ACCIDENT ON FACEBOOK OR SOCIAL MEDIA?
Our personal injury lawyers are often asked whether it is OK to write about the accident case on Facebook or other social media. The answer, at least for a Minnesota accident, is no. Our attorneys always warn our clients to stay off of social media during their case.
The insurance company for the other side is going to read your Facebook page, Instagram, and other social media, and it will affect your case. Even if you have privacy settings in place, they are still going to get it at some point. So, don’t post about the accident or injuries on social media. Even your basic activities after the accident can be a problem. Whatever you write will be used against you, even if you think it will help you.
FACEBOOK POSTS WILL BE USED AGAINST YOU
Even Facebook posts you think couldn’t possibly be used against you can be used against you. People frequently write about their activities on Facebook and Instagram, showing fun times, sometimes even exaggerating. Our accident lawyers have had several cases where our client was later questioned about Facebook posts after the accident discussing activities. Usually, the questions are along the lines of how could you have participated or enjoyed the activity if you are injured?
In other words, it’s not just discussion of the accident and injuries that can be a problem. Posts about activities after the accident are a problem too. If you go to court, those posts will be used to make the jury or judge doubt the seriousness of your accident injury.
Another issue our attorneys warn people about (although it has not come up in our cases yet) is Facebook posts about needing money or not having money. We are concerned that an insurance company would show those posts to a jury to try to make the jury believe our client is faking an injury to try to solve a money problem.
Discussions about relationships on Facebook could create a problem too. Our attorneys frequently have cases where a serious accident can interfere with people’s relationships, or cause the non-injured partner to have to pick up a lot of the slack from the injured partner. Anything you write on Facebook about your relationships, or your spouse or partner, can potentially be used against you. The insurance company and their lawyers will for sure at least try.
The bottom line is if you have been injured in an accident and are intending to seek legal compensation, you should either not post anything on Facebook and other social media, or at least seriously limit it.