Example scenario: You were just in a serious car accident resulting in your recognizable car overturned on a local roadway. Understandably, you want to notify friends and family that you made it through the trauma alive, and it seems easiest to just post on Facebook so you don’t have to send numerous text messages. So, you write a post that says: “Yes, that was my car overturned on the Route 13 S-curve, but I’m okay.” Or you write: “I’m glad to be alive with only a few bumps and bruises” or something similar.
All too often, injured people post on social media statements like those above. While you want people to know you are alive or you want to calm the worries of others by making it seem like everything is fine, those statements can do significant damage to your potential personal injury case. Why? Every statement you make, including social media posts, may be considered as an “admission” by you and therefore permissible evidence at court.
After the car accident, you go to the hospital and you have radiological studies done which reveal that you have suffered shoulder and back injuries that require surgery. These problems DO NOT end up being “only a few bumps and bruises.” The insurance company takes the position that you are exaggerating your condition which was “only a few bumps and bruises” per your own admission in your Facebook post shortly after the accident.
Recovery from a car accident can be a long and difficult process, and every victim deserves bright moments in that journey. Attending a party with friends or having a night out at a sporting event might be the type of activity that lifts the burden of your injuries and recovery just long enough to keep you going. For the other insurance company and their lawyers, though, any moment of celebration or joy that you document on social media is ammunition they can use to claim you’re exaggerating your pain and suffering.