In this world of social media, there are so many avenues for connecting—sharing updates, photos, and memes. Commenting on other people’s posts. It’s entertaining and a great way to stay in touch, but does that behavior need to change after you’ve filed a claim for an injury accident? Read on to learn what legal professionals have to say.
Gregory Herrman
Your Posts and Others’ Could Hurt Your Case
Most of the time, social media is a fun part of our daily lives as it allows us to connect with the rest of the world online. But when it comes to a personal injury case, it is best to think of the saying, “Anything you say now will be used against you in the court of law.” When you file a personal injury claim, the attorney’s first step is ensuring your social media pages do not contradict your injury case.
For example, if you injured your shoulder there should be no social media posts about lifting weights or working out. These posts would directly contradict your injury claim and be used against you. The images would disprove your claim and you may lose any benefits of the personal injury claim.
Also of note, the post does not even need to be from your account. If a friend or family member posts [about] you or anything regarding your case, it may contradict your case and be used against you. Overall, during a personal injury case, it is better to stay off social media entirely to avoid issues with your claim.
Be Careful About Posting And Commenting
The frank answer is, yes – posting on social media can hurt your personal injury claim – depending on what you’re posting, of course! Social media can either help your case or prejudice it. Anything relevant will be disclosable, including past comments and posts. Defendant insurance companies have never been more aggressive (with the advent of qualified one-way costs shifting) in trying to undermine a case, so be careful what you’re posting
Defendants regularly engage in very in-depth reviews of your social media profiles and posts. It is vital that you know the impact social media can have and to monitor your account and your friend’s/family’s account to ensure it does not contradict your case. Because, if the defendant feels that a post undermines the case, they will use it against you.
Sarah Mawdsley
Jordan W. Peagler
Posts and Comments On Social Media Can Affect Your Claim
It’s good to remember that anything you share on social media can come back to haunt you. Your comments on social media can negatively impact your personal injury claim, so it’s best to refrain from posting anything about the incident you’re filing a claim about. The social media post you make may seem harmless enough to you, but what seems like the smallest of details to you could be enough to sink your case.
Posting Can Hurt—Even With a Private Account
Posting on social media about your personal injury claim could hurt your case. While you may think that posting about the incident/claim is harmless, you need to remember that it is a legal case. The opposing party that may be trying to find evidence to use to strengthen the case they’re making.
There have been a number of cases where unlawfully obtained information from social media has been used and was deemed admissible in court. At our firm, we always advise our clients to avoid posting anything about the case online, even if their social media accounts are private. This ensures that we can create stronger cases for our clients and improve the chances of getting them the best outcomes.
Seth Price
Juan J. Dominguez
Avoid It Altogether
It’s best to avoid posting on any social media platforms for the duration of your personal injury case. It doesn’t matter whether you want to share information about your accident or something totally unrelated. Insurance company adjusters are looking for any evidence to pay you less or even deny your claim, and scouring social media profiles for damaging evidence is one of the tactics they use to do this.
The bottom line, anything you post on social media can be used against you to damage and ultimately reduce the value of your case.
Posts May Contradict Your Claim
Posting on social media means you cannot control the consequences of what was shared, and this might injure claims. In social media posts, some people express themselves in an exaggerated, passionate, and unfiltered way, which the other party can benefit from.
If your social posting contradicts the claim in any way, be prepared for an investigation that can lead to the refusal of your claim. For example, you claim expenses for a fractured arm in a road accident and then post pictures, shared on social networks, of you playing badminton. This can affect your claim as the insurance company can use the pictures against you to cancel your claim.
Richard Lubicky
Jonathan Marshall
Play It Safe, Don’t Post
Anything you post on social media or share with the public could be used in an insurance claim.
If you share something that goes against your claim, shows you had some sort of fault in the situation, or even attacks your character, you could be sabotaging your personal injury claim.
In general, I would refrain from using social media to discuss or share any important information regarding situations like this. Even something as small as checking in at a certain place, commenting on a post, or posting a photo could hurt your personal injury claim.
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