Technology is forever evolving. Many of us are guilty of endlessly scrolling through social media platforms at some point throughout our day. Whether it is Facebook, Instagram, Snapchat, Twitter, LinkedIn, etc., we post and comment to interact with others. Social media is a great way to keep in touch, but it can also be the downfall of your personal injury claim.
Almost anything you post can be used as evidence against you in your personal injury case. Insurance companies will look for any incriminating evidence to lower the value of your case. Generally, individuals involved in an accident will seek damages. This may include pain and suffering, lost wages, medical expenses, mental anguish, loss of enjoyment of life, loss of consortium, etc. If one claims to have sustained any of these types of losses, the insurance company will want to make sure that they are not exaggerating your claim.
Even the most innocent posts can hurt your case. You may just be enjoying a drink with a friend or spending some time with loved ones, but evidence of you being seemingly healthy will be used by the other side. For example, you may claim that you can barely stand up or walk due to your injuries, but a photo or video of you out dancing with friends will undoubtedly destroy your claim. You may also say that your back injuries are so severe you cannot lift heavy objects anymore, but there is evidence of you lifting weights at the gym or picking up a child. Even these minor acts can hurt your claim if the other side comes across these posts.
Also, refrain from discussing facts and opinions about the accident on your social media accounts. Do not name or talk negatively about the other party. If you would like to get these things off of your chest, discuss it with your attorney not your Facebook friends.
Even after you settle your case, you may be prohibited from revealing information about your case through a non-disclosure clause in the settlement agreement. This includes refraining from disclosing the names of the parties, the settlement amount, and the terms of the settlement. It is not worth it to break the agreement just to tell your followers your personal business.
It is important to know what you should and should not post online. Although you may have your privacy settings turned on, there are still ways to access your social media posts. The best thing one can do is to take a break from posting on social media until your case is settled. This also applies to close friends and family who may post things about you for the rest of the world to see. There should be no posts about your injuries or how you are physically and/ or emotionally feeling. Anything you post can be taken out of context or misrepresented, so it is best to avoid posting at all. The risk of posting something that may be used to decrease the value of your case is not worth the benefit you may receive.
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