CAN SOCIAL MEDIA HURT MY PERSONAL INJURY CASE?
Posted on Wednesday, March 2nd, 2016 at 6:44 am
Social media connects us to the rest of the world 24 hours a day, 7 days a week. There is never a time when we cannot connect with friends, family, co-workers, and complete strangers through various social networks. We post our entire lives on the internet for other to see. Some of us use social media to keep in touch with relatives and friends that are both near and far away. Others use social media to improve their career through networking.
Social media touches our lives personally and professionally. Social media is engrained into our everyday life to the point that we rarely think twice before posting updates about everything from what our children did today to what our boss said that made us angry and how a driver rear-ended us on the way home from work. Unfortunately, posting information about your personal injury claim can harm your case.
The Internet is NOT Private
Social media is not private regardless of your security settings. Even if you have your security settings at the highest level, information you post has a way of making it in the “public” domain. What you put on the internet is there forever in some form and defense attorneys can find it. Defense attorneys for insurance companies hire internet and social media experts who can unearth information you thought was locked away on your Facebook, Twitter, Instagram, or other social media profile page. An update you post on Facebook or a tweet that you thought was sent only to your closest friends has a way of appearing in your personal injury case.
As part of the defense’s strategy to pay as little as possible for your personal injury claim, the defense attorney will investigate your social media and internet presence to gather information the attorney can use to challenge your claim that you are injured. This information can be used as evidence by the defense. In some cases, the defense attorney can obtain this information through a subpoena. Your “private” online presence suddenly becomes a matter of public record. Even the most innocent statement could be twisted and purposefully misinterpreted by the defense.
For example, pictures of you at your niece’s birthday party when you are claiming you are unable to work can be used to argue to a jury that if you are well enough to attend social functions you are well enough to work. Defense attorneys love to find inconsistencies between what you are claiming and how you are acting to cast doubt for the jury.
Avoid Using Social Media During Your Personal Injury Case
The best way to ensure that you cannot be hurt by your online presence is to avoid using social media until after your personal injury claim is settled. If you do continue to use social media, do not discuss the accident, your injuries, or your health. Avoid all comments that relate to your recovery. Avoid accepting new friend requests unless you know the person in real life — defense teams have been known to create fake profiles to gather more information.
Contact an Experienced Sacramento Vehicle Accident Attorney for More Information About Do’s and Don’ts in Personal Injury Cases
Our attorneys want to help you receive the maximum compensation allowable by law for your personal injury claim. Contact Tiemann Law Firm to schedule a free legal consultation. Our attorneys will discuss the merits of your case in addition to the do’s and don’ts of a personal injury claim.
Call us today at (916) 999-9000 or chat with a representative on our website. Don’t let big insurance companies take advantage of you. Let our attorneys protect your legal right to a fair and just settlement.