Posted on Tuesday, October 1st, 2019 at 7:08 pm    

Social media can hurt your accident claim. It is that simple. Insurance companies and defense teams are always looking for information they can use to mitigate liability. Mitigating liability means less money for a claim, and that is the goal when settling or litigating a personal injury claim. Social media can provide a wealth of information about an accident victim. Unfortunately, this information can result in an accident victim receiving much less for their injury claim than their case is worth.

Three Ways Social Media Can Harm Your Case You Might Not Be Aware of Yet

Publicly posting pictures or comments about your hike, a day at the lake, or even cleaning your home can hurt your injury claim if you are alleging your injuries caused physical impairments. However, your private posts can be just as damaging. There are ways that a defense attorney could gain access to your private social media posts during a personal injury case.

Three Ways Social Media Can Be Used in Your Injury Case

1.  Deleted material may still be available.

If you think deleting the information you post online makes the post disappear completely, you could be wrong. Someone could have grabbed a screenshot of the post before it was deleted. A friend could have shared the information before you deleted it, which allowed someone else to access and print the information. Something that was deleted could be stored in a backup by the platform or on someone’s computer who backed up their account, which contained your post.

2.  A Judge may grant access to your social media accounts.

Under certain circumstances in some jurisdictions, judges have ruled in favor of defendants who were seeking access to a plaintiff’s online records. If a defense attorney files a motion to compel regarding your social media accounts and present a convincing argument that the information in the accounts is relevant to your case, a judge might agree. Therefore, your “private” posts may no longer remain private.

3.  You could lose your right to confidentiality.

In most cases, whatever you discuss with your attorney remains confidential. However, if you discuss the information with others through your social media accounts, a judge could waive confidentiality. Something you might not think is important to your case could be crucial in proving your allegations against the other party. If you do use social media during your personal injury case, never discuss your injuries, the accident or incident, or your recovery. It is best to remain offline if possible until your case is complete.

Contact a Sacramento Personal Injury Lawyer for More Information

Social media has become a powerful tool and weapon in personal injury cases. Don’t make a mistake that could hurt your chance of recovering a fair settlement for an accident that was not your fault. Talk to your personal injury attorney in California about ways to protect your privacy and steps to take to protect your rights after an accident.

Contact our Sacramento personal injury attorneys for a free consultation by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.

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Hanna Padilla Testimonial

From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Star Fire Testimonial

It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Maye Ly Testimonial

I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.

Jennifer Birdseye Testimonial

Tiemann Law Firm helped us with an injury case for my nephew. They were very knowledgeable and we are very happy with the service they provided. The entire staff is topnotch!

Elizabeth Ochoa Testimonial

I chose Tiemann Law Firm to help me after a car accident I was involved in. Throughout the entire process, Moe made sure to keep me updated, he always responded quickly whenever  I had questions about anything. My case won thanks to this law firm and its dedication. My experience with Tiemann Law Firm was amazing! 10/10 recommended.