Were you hurt in a serious accident in Phoenix or elsewhere in Maricopa County? Whether it was a car crash, truck accident, or slip and fall, you have the right to seek compensation for the full extent of your damages. Unfortunately, the personal injury claims process can be complicated. Too many injured victims struggle to get justice. 

The personal injury claims process can take time—anywhere from a few months to more than a year. You need to be very careful about what you share on social media while your personal injury claim is pending. Here, our Phoenix personal injury lawyers provide a comprehensive list of “dos” and “don’ts” for social media and your personal injury case. 

Social Media Posts are Admissible Evidence in Personal Injury Claims

Most people use social media. The Pew Research Center cites data showing that three-quarters of American adults use at least one social media platform on a regular basis. What you post on social media is, technically, public information—even if you have enhanced privacy settings set up. Arizona courts are clear: Social media posts can be admissible evidence in a personal injury claim if they reveal something that is relevant to the case at hand. Insurance companies often try to review the social media posts of an injured victim who is pursuing a claim. 

Tip: Remember that anything you post on social media can be used against you in the claim process. 

The Two Main Ways that Insurance Companies Use Social Media as a Defense

Insurance companies are not hesitant to turn to social media as a tool to build a defense against a personal injury claim. Here are the two main ways they use social media posts in Phoenix: 

• Raise Questions About Cause of Accident: Insurance adjusters and defense attorneys scrutinize social media posts to find any evidence that may suggest an alternative cause of the accident other than the defendant’s negligence. For example, if a claimant mentions or shares images of bad weather conditions, a night out drinking, or even posts about car troubles prior to the incident, insurers might use this information to infer that these factors could have contributed to the accident. Under Arizona law (A.R.S. § 12-2505), a pure comparative negligence standard applies. Even being held responsible for even a small share of your own accident could take thousands of dollars out of your pocket. 
• Raise Questions About Severity of Your Injuries: Social media is also used to challenge the severity of the claimant’s injuries. Any social media content that depicts physical activity, travel, participation in social events, or even comments about daily routines can be interpreted as evidence that the injuries claimed are not as debilitating as alleged. If a victim posts photos engaging in sports or vacations that suggest robust physical health, insurers might argue that these activities are inconsistent with the injuries claimed. It is easy for big insurance companies to take social media posts out of context. 

Here is the lesson: Insurance companies often try to leverage seemingly innocent social media content to construct a defense. They will generally try to raise questions about the case of the accident (fault/liability), or they will try to undermine the severity of the victim’s injuries. 

Privacy Protections are Useful—But Not Sufficient

While privacy settings on social media can absolutely be useful to help shield your posts from public view, they are by no means foolproof. Quite the contrary, insurance investigators often have ways of accessing content through mutual connections or by presenting evidence in court to grant access to private accounts. Even with strict privacy settings, shared information with friends can be screenshotted or disclosed inadvertently. Relying on strong privacy settings for your social media accounts may not be enough. 

The Best Practice is to Avoiding Posting On Social Media During Your Personal Injury Case

How do you handle social media and personal injury claims? The best thing you can do is to take a break from social media while your personal injury claim is still pending. Indeed, the safest approach during a personal injury case is to refrain from posting on social media altogether. Posts, comments, or tagged photographs can unintentionally undermine your legal position. Remember, people do not always run into problems because they are posting about their cases. While that is obviously something that should be avoided, the reality is that even seemingly innocuous social media posts can be misconstrued or taken out of context by insurance defense attorneys. Staying off social media eliminates the risk of your post being used against you in a personal injury case.  

Recovering the Maximum Compensation for Injured Victims in Phoenix

In Arizona, injured victims have the right to seek compensation for the full extent of their damages through a personal injury claim. Unfortunately, insurance companies can make the claims process hard on people. They will use any strategy that they can find to limit your recovery—including trying to use your social media posts against you in the claims process. At The Law Office of Paul J. Dombeck, PLLC, we fight for the maximum settlement for injured victims. Our Phoenix personal injury lawyers can help you seek monetary damages for: 

• Property loss; 
• Emergency room care;
• Hospital bills; 
• Other health care costs; 
• Physical therapy; 
• Loss of wages; 
• Diminished earnings; 
• Pain and suffering; 
• Mental distress; 
• Long-term disability; 
• Lower quality of life; and
• Wrongful death. 

Contact Our Phoenix Personal Injury Lawyer for a Free Case Review

At The Law Office of Paul J. Dombeck, PLLC, our Phoenix personal injury puts the interests of clients first. Negligent defendants and large insurance companies must be held accountable. If you have any questions or concerns about your case, we are here to help. Contact our personal injury law firm right away for your no-cost, no-obligation care review. From our Phoenix office, we fight for the rights of injured victims in Maricopa County and throughout Arizona.