How Social Media Posts Can Impact Your Personal Injury Case

In today’s digital age, social media is deeply embedded in daily life. Whether it’s Facebook, Instagram, Twitter, or other platforms, people often share their thoughts, activities, and even private details online. While this may seem harmless, for individuals involved in a personal injury case in New Mexico, social media can have significant legal consequences. If you’re pursuing a personal injury claim in New Mexico, it’s essential to understand how your social media activity can potentially impact the outcome of your case.

Insurance companies, defense attorneys, and even opposing parties often use social media to gather information that could undermine your credibility or hurt your case. In the meantime, if you have questions about personal injury laws in New Mexico or want to learn how to file a claim, contact our Albuquerque personal injury lawyers at Will Ferguson & Associates immediately.

Oversharing on Social Media

Social media platforms are designed to encourage sharing. People post updates about their day-to-day lives, vacations, and even their health and medical conditions. For someone involved in a personal injury case, however, what you post online could be used as evidence to weaken your claim. For example, let’s say you were injured in a car accident in New Mexico, and your attorney is arguing that your injuries are significant and require long-term treatment. If you later post photos or videos on social media showing you engaging in activities that contradict this claim—like hiking, playing sports, or attending a social event—this can be used by the opposing side to argue that your injuries aren’t as severe as you’ve made them out to be.

First, the investigation into who was at fault for an accident starts the moment it occurs. When there is more than one person to blame for an accident, the doctrine of comparative negligence applies, regardless of whether you settle or go to trial. Comparative fault or negligence applies in New Mexico. In other words, if both parties in a civil lawsuit (the plaintiff and the defendant) are determined to share fault for the incident, they will divide the damages according to their respective degrees of liability.

Insurance Companies & Social Media During Personal Injury Cases

Moreover, insurance companies are increasingly using social media to investigate claims. After a personal injury claim is filed, the insurer may hire a private investigator or use social media searches to gather evidence to discredit your case. Even if your account is private, it’s still possible for someone to view your posts, especially if they’re friends or acquaintances with your social circle.

For instance, if you’re claiming that your injuries prevent you from working or engaging in physical activities, but your social media shows you traveling, attending parties, or exercising, the insurance company could argue that you’re exaggerating your injuries. This could result in a reduction or denial of your settlement offer. That said, your lawyers will also collect evidence, such as medical records and invoices.

1. Remember that the claims process might take a long time, so you should continue documenting your injuries, treatment, and any surrounding specifics regarding your claim. In the meantime, your attorney will construct your case and file in New Mexico’s equivalent of small claims court, known as the Magistrate Court.
2. Finally, regarding the state’s statute of limitations, it’s also important to remember that you only have three years to file a personal injury claim in New Mexico. With a few notable exceptions, this three-year period begins on the day of the injury.
3. A chance to counter the opposing side’s allegations with evidence will then present itself. Each party has up to 30 days to reply to the complaint under New Mexico’s civil procedural rules.

In other words, during personal injury cases in New Mexico, evidence is crucial to determining liability and damages. The opposing side may use social media posts as evidence in court to challenge your testimony, especially if they show a discrepancy between what you say and what you post. Even if the posts are made after the injury, they can be used to question your credibility, so it’s best to remove any reference to your case at all on your social media profiles.

Social Media Evidence in New Mexico Injury Cases

New Mexico courts recognize social media evidence as legitimate, and attorneys are allowed to present online activity as part of their argument. It’s essential to remember that once something is posted online, it can often be found and used in ways you might not have anticipated. In fact, many people assume that by setting their social media profiles to private, they are protecting themselves from scrutiny.

While privacy settings can limit access to your posts, they are not foolproof. Friends, family members, or even acquaintances could share or take screenshots of your posts, exposing them to the opposing side. Additionally, courts may issue subpoenas to social media platforms for access to your private posts and data. Here are quick tips to follow on social media during the duration of your case:

• Avoid posting about the injury: Don’t share details of the incident, your injuries, medical treatments, or anything related to the case.
• Refrain from posting photos: Even seemingly innocent photos can be misinterpreted as evidence that contradicts your claims. For example, posting pictures of you engaging in physical activities could be used to argue that you’re not as injured as you say you are.
• Don’t discuss legal matters: Avoid posting about the progress of your case, the lawyers involved, or the other party. This can be seen as an attempt to influence the case or may lead to unintentional disclosures.
• Don’t complain or vent: Publicly expressing frustration about the injury, the insurance company, or any aspect of your case could hurt your credibility.

Call a Personal Injury Attorney in New Mexico

Our clients come first at Will Ferguson & Associates. For decades, we have helped those who have suffered from personal injuries or disabilities, and we can do the same for you. Furthermore, we handle personal injury claims on a contingency basis, so there are no fees unless we get compensation for you.

Whether you’ve been injured and want to know whether you may seek financial compensation or have questions about your social media during a case, call the personal injury lawyers at Will Ferguson & Associates at (505) 243-5566. To give you the greatest opportunity to win your case, we’ll explain the nuances of an out-of-court settlement and walk you through the entire process.