Social media is part of daily life, but it can be dangerous if you have a pending personal injury case. Posts, photos and comments may seem harmless, but insurance companies and defense lawyers often look for ways to use them against you. In Kentucky, where personal injury claims follow a comparative fault system, even small pieces of online content can reduce your compensation.
How lawyers can use your posts against you
Kentucky law allows courts to admit relevant social media content in a trial. A judge can order you to turn over private posts, so they may not stay private.
Therefore, when you file a personal injury claim, the other side’s legal team will search for anything that suggests your injuries are not as severe as you claim. They can twist a smiling photo, a check-in at a restaurant or a status update about weekend plans to suggest you are healthy and active. Even if the post has nothing to do with your accident, they can take it out of context and present it as evidence.
Common mistakes people make online
One common mistake is posting about the accident itself. This includes giving your version of events, apologizing or discussing your next steps. Another is accepting new friend requests from people you do not know. These could be investigators looking for access to your profile.
Even likes and comments on other people’s posts can hurt your case. For example, if you respond to a friend asking about your recovery with “I’m doing better,” they could use it to suggest your injuries have healed.
Protecting your claim
If you have a personal injury case in Kentucky, the safest approach is to stay off social media until you resolve your claim. If that is not possible, avoid posting anything about your accident, injuries or activities. Ask friends and family not to tag you in photos or posts.
Additionally, it is a good idea to seek the advice of an experienced Kentucky personal injury attorney. They may be able to guide you on how to protect your rights during the legal process. Careful handling of your online presence helps ensure the court decides your case on facts, not assumptions from a social media feed.