Social Media and Your Personal Injury Claim

Thursday, August 16, 2018

 Social Media and Your Personal Injury Claim

Today social media is a central part of most people’s daily life. Many of us use this medium to connect with old friends, stay in contact with those far away, and to keep current on what is happening in the world. When someone suffers a personal injury, it can be a significant event for them which they want to share with their social media community. While it is understandable that an injured person may reach out to their support network, discussing a personal injury matter on social media can have unintended and negative repercussions. Here is what you need to know about social media and your personal injury claim:

What You Post Can Be Used Against You

A common misconception about social media content is that it is private and therefore cannot be used as evidence in court. This is false. Social media does not provide an expectation of privacy. Comments, pictures, and video posted on outlets such as Facebook, Instagram, and Twitter can be saved, printed, and used as evidence against you in your personal injury case. Often people may innocently post something only to find that the opposing side's attorney later presents it in a negative light. For example, you file a claim that your back is terribly injured and you are extremely depressed then post a video of yourself enjoying a Frisbee game with your children. While it may be that you were careful with your back while gently throwing the toy and that the activity was recommended to improve your emotional state, an attorney could try to use this content refute your claims.

How to Use Social Media During Your Case

The best practice concerning social media and your case is not to use it at all. The safest route is to delete your accounts altogether. If you find you must continue using social media, stop posting for the duration of the case and adjust your security settings to exclude most people from viewing your information. It is essential that you entirely refrain from posting anything about the case. This will include comments and pictures of the accident. If you have posted anything recently which pertains to your physical or emotional health, remove these posts as soon as possible. Additionally, you need to tell your friends and family to stay silent on the issue when they post to your pages.

The bottom line is that when you file suit concerning a personal injury, you will have to provide evidence which supports that you were injured and any claim you have for damages. It is critical to remember that the other side is searching for ways to prove your claims are unfounded or not worth as much as you are requesting. Social media can provide a great deal of ammunition which will be used against you and could result in your claim being denied or your damage award being reduced. By steering clear of social media and safeguarding your information, you can protect yourself and your case.

If you have been injured due to someone else’s actions in Florida, contact us to schedule a free consultation. We are here to help you get the compensation you and your family deserve. We invite you to learn more about our firm here.

The Draper Firm

8/16/2018

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