Dealing with a traumatic brain injury is tough on its own, and the last thing you need is extra stress over what you share online. But if you’re in the middle of a personal injury claim in Kansas or Missouri, even casual posts or photos can end up working against you. Something that seems like a harmless update to your friends could be seen differently by insurance companies looking to challenge your case.
Below is what you need to know.
Why Does Social Media Matter in TBI Cases
Unlike a broken bone, the symptoms of a TBI are not always visible. Memory loss, headaches, mood swings, and mental struggles often stay hidden. That makes credibility extremely crucial. Unfortunately, social media posts can be misinterpreted and used to challenge your credibility. For example, a photo of you smiling at a family event could be used as “proof” that your suffering is not as bad as you claim, even if the post doesn’t show all your daily challenges.
How Insurers Use Your Posts
In both Kansas and Missouri, anything you share publicly, and sometimes even privately, can end up in court. Adjusters and defense attorneys look for:
- Photos and videos of you engaging in physical activities
- Status updates that do not match your reported symptoms
- Check-ins or travel posts showing you are more active than you say
- Comments from friends or family that paint a different picture of your health
Even deleted posts are considered discoverable and admissible evidence in civil cases and come back to haunt you. If something is relevant to your case, insurers may be allowed to access it.
Common Mistakes to Avoid
Many people unintentionally make their own cases harder by sticking to their normal social media habits. Common mistakes include:
- Talking about your accident or injuries
- Sharing photos that can be misinterpreted
- Posting about your settlement discussions
- Accepting friend requests from strangers (they could actually be investigators)
And it is not just your own posts that can hurt your case. Comments, tags, and pictures from other people can affect your claim.
Privacy Settings are Not Enough
If you think a “private” setting will protect you, you are wrong. Courts can, and do, order people to turn over social media content during discovery, no matter how private your settings are. If it is online, assume the other side could see it.
What to Do
So, what can you do? You do not have to delete your social media accounts entirely, but you should be cautious. Here are some practical steps you can take:
- Avoid posting about your injury, recovery, or daily routine
- Ask friends and family not to tag you or mention you online
- Do not discuss your case anywhere on social media, even in private messages
- Review your old posts with your attorney
Most importantly, listen to your lawyer. A skilled TBI attorney knows how damaging social media evidence can be and will help you avoid the biggest pitfalls.
In summary, during a TBI claim, social media can seriously hurt your case. Insurance companies are always on the lookout for reasons to pay you less. Protect yourself by being careful about what you share. It could mean the difference between fair compensation and disappointment.
Contact Us for Legal Help
If you’re pursuing a TBI claim in Kansas or Missouri, speak with our experienced brain injury counsel at Griggs Injury Law today to protect your rights, avoid costly mistakes, and maximize the compensation you deserve.
