How Social Media Can Affect Your Personal Injury Claim
Feb 7 2018

How Social Media Can Affect Your Personal Injury Claim

injury claimSocial media is a wonderful way to connect with others. But sharing too much can negatively affect your personal injury claim.

People often post about their personal lives — everything from their thoughts, feelings, and everyday occurrences. However, if those activities include an accident that leads to a personal injury claim, sharing detailed information about your injuries or the events that caused the accident can have negative consequences.

If you or a loved one were in an accident that caused personal injuries, you need an experienced attorney to walk you through the process. Call Russell & Lazarus APC today at (949) 851-0222.

Common Social Media Mistakes That Could Impact Your Personal Injury Claim

When you’re injured due to someone else’s actions, it’s natural to want to update friends and family on social media about your experience and condition. However, even a simple post commenting that “okay” can come back to haunt you. It’s common for an insurance company to use evidence from a social media post against injury plaintiffs.

If you make a post about your condition and later make claims in your personal injury claim that do not match those social media posts, the defense may use that information against you. Most people want to comfort friends and family by telling them that they are “doing well.” However, those claims are likely in direct conflict with your claims of loss in an injury claim.

Defense attorneys may also use posts about your location against you. If you post that you are enjoying vacation in Hawaii, but later state in your injury claim that you are suffering loss of enjoyment of life, your claim may be questioned. It would be difficult to explain that you were able to take frequent weekend excursions with friends, but suffer great mental anguish. It’s best to just avoid posting about your activities while your personal injury claim is still active.

Social Media Postings Are Usually “Public Record”

Although you may have your social media settings set to private, your posts are typically considered “public.” Because your posts are broadcast to a large number of people, they are considered “public record” in most courts. They are available for viewing by friends, family, and anyone who has access to social media. Thus, your posts can be used as evidence in court.

Even if you have your settings private, your friends may not. If your friends tag you in posts indicating your activities and condition, those posts may be readily available to the public. It’s impossible to be completely private on social media.

How to Protect Your Injury Claim While on Social Media

If you sustained injuries because of someone else, you should restrict what you post on social media. You can still connect with friends and family. But you should refrain from posting about your everyday activities, physical condition, or mental status. If you find it difficult to avoid doing these things, you should consider disabling your social media accounts while your injury claim is ongoing.

Never talk about your injury claim online. Although you may be tempted to make posts to keep your family updated or vent about the defendants in your case, avoid it. If you make any posts related to your injury claim, it will likely be used in court.

We Can Help With Your Personal Injury Claim

If you or a loved one sustained injuries due to someone else’s reckless or negligence, you likely have many questions about what to do next. We can help with the personal injury claim process, including how to handle social media. Call us today at (949) 851-0222.

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