Whether you’re on vacation, taking a selfie, or cracking a joke about work, posting on social media is an enjoyable way to let off steam. However, if you’re in the middle of a personal injury claim in Oregon, what you post online could damage your case. At Johnson and Taylor, our personal injury attorneys in Salem, Oregon protect your rights and guide you through the claims process every step of the way. Here, we explain how the information you post can be used against you by insurers and their attorneys.
Don’t Post About the Accident
It might seem obvious to avoid posting about a car crash or slip-and-fall accident, but it can be tempting to update friends and family about what happened. However, it’s important to keep in mind that insurers and their attorneys comb the internet to find out information about claimants all the time. Posting things like “I was in a car accident, but I’m okay” provides evidence they can use to dispute the severity of your injury or deny your claim.
Even vague posts like “I can’t believe what just happened” can create questions and speculation. If you accidentally say something that contradicts your statement to police or insurers, you could lose your case altogether. Don’t discuss your accident or injury online at all. Let your personal injury lawyer do the talking.
Avoid Posting Photos
It is vital to avoid posting pictures during the personal injury claims process. For example, if you hurt your back in a truck accident and your sister tags you in a photo grilling burgers at a BBQ, it could be used as evidence that your injury isn’t as serious as you claim. Make sure not to post any pictures of yourself and change settings so no one can tag you in photos. Best practice? Deactivate your social media accounts until your personal injury claim is resolved.
Don’t Share Your Location
Although the “check-in” feature on Facebook and Instagram may seem harmless, it can be a gold mine for insurance companies. Even checking in while you’re doing something as simple as grocery shopping may give the impression that your life hasn’t really been impacted by your injury. Turn off location tagging and avoid check-ins altogether while your case is pending.
Don’t Talk About Your Case
Dealing with an accident claim or personal injury lawsuit is stressful, and the process can be frustrating at times. However, venting about your case on social media can cause serious problems. In fact, it’s better not to discuss your case with anyone but your personal injury attorney, as friends and family can be called as witnesses and may have to testify under oath. It’s also a big no-no to talk about expectations for your personal injury settlement or award. Posting about a “big payout” or something similar makes it look like you’re only in it for the money, not to find recovery or justice.
Avoid Jokes About Your Injury
Although humor can be an effective coping mechanism, it’s best to avoid joking about your injury on social media. Saying something as innocent as “at least I don’t have to go to the gym!” may not read well in court. You and your friends might find it funny, but it can appear that you’re being dishonest or unserious about your injury.
Think Twice Before Commenting
Even if you’re not posting on your own TikTok, Instagram, or Facebook page, your digital footprint exists in every like, share, and comment. Commenting “Can’t wait to celebrate with you this weekend!” on a friend’s post might seem harmless—but it could contradict claims that you’re suffering from chronic pain or limited mobility. It’s also a good idea to avoid engaging in emotionally charged conversations or arguments. The last thing you want is an insurance adjuster finding comments that make you seem aggressive or negative.
Tell Your Friends and Family to Take Precautions as Well
You might not be posting much online, but what about your mom, your spouse, or friends? Let them know what’s going on and ask them not to post about your accident, mention your case, or tag you in photos. Adjusting your settings so no one can tag you in photos is an easy solution to this problem.
Don’t Accept New Friend Requests
It’s an underhanded tactic for sure, but it’s possible for insurance investigators to create fake profiles and try to friend or follow injured victims. If you accept their request, they’ll have access to your photos, updates, comments, and pretty much anything you post on social media apps. Set all your accounts to private and only allow close friends and family to view your photos. Until your case is over, ignore friend requests and block anyone you don’t know who asks to friend or follow you. It’s also a good idea to review your current friends and followers lists to make sure your circle is tight.
Do not delete any social media posts or comments
In addition to the suggestions above, we also recommend that you do NOT delete any social media posts or comments that you might have made about your accident, your medical condition, etc. Tech savvy insurance investigators may be able to identify deleted items. This can raise serious questions about when and why posts or comments were deleted.
How Our Oregon Personal Injury Lawyers Can Help
When it comes to social media and personal injury claims in Oregon, our experienced team believes that less is more. If you or a loved one has been injured in an accident, we can evaluate your case and advise you of your options. Unlike larger personal injury law firms, we won’t waste your time and money by overpromising big payouts – our accident attorneys tell you what you need to hear, not just what you want to hear.
Our personal injury lawyers have a solid reputation in the legal community and longstanding professional relationships with local judges, clerks, and other attorneys in Oregon. Our personal injury lawyers work on a contingency fee basis, which means you won’t owe attorneys’ fees unless we help you get compensation.
Our personal injury attorneys serve clients in Salem, Eugene, Bend, the Oregon Coast, Medford, and throughout the state of Oregon. Our team also handles cases involving estate planning and probate (statewide) and divorce and family law (Marion, Linn, and Polk counties). We offer quality legal representation to our Spanish-speaking clients as well.
Contact Us for Assistance with Your Personal Injury Claim in Oregon
At Johnson and Taylor, we’re dedicated to helping you navigate your personal injury claim with ease and helping you get the compensation you deserve. To learn more or to schedule a consultation with our personal injury attorneys in Salem, Oregon, contact us or call 503-990-6641 today.
