After a serious personal injury, the last thing on anyone’s mind is social media. However, social media can play a large role in a personal injury claim. A picture is worth a thousand words, especially on a personal injury claim, because it can give a snapshot into someone’s life.
A personal injury suit generally seeks economic damages, ie. medical bills, and non-economic damages, ie. pain and suffering. If a picture of an injured person is found on social media, and that picture is of a family reunion and the person is with family and they are smiling. That picture could be used against them as proof that they are not in pain and therefore don’t need much if any money for pain and suffering. The picture may show them smiling and a having a good time, but in reality they could be suffering through pain and the smile is only for the camera. The danger of social media is that one picture can so easily be taken out of context.
No one plans on posting pictures of them in pain. When someone goes to take a picture, people smile, no matter the circumstance. It doesn’t matter if someone is in a great deal of pain, or standing next to someone who they dislike, people smile for pictures. This natural response can be taken out of context and be very misleading.