Need help? Let’s talk :415-544-0115
Blog
What to Know about Social Media and Your Personal Injury Claim
In the era where virtually everyone is online, social media has grown from a simple communication tool to an integral part of our lives. While it may be a good way to stay in touch with loved ones and update them on significant life events, it can be a double-edged sword—especially when it comes to legal matters such as personal injury claims.
Social Media: A Potential Liability
Before you hit that “post” button, consider the possible implications on your ongoing or future personal injury claim. Legal experts warn that seemingly innocuous posts could harm your case. Insurance adjusters and defense attorneys are increasingly turning to social media to find contradicting evidence against claimants. Even a photo of you carrying groceries might cast doubt on the severity of your back injury, for instance.
Privacy Isn’t Foolproof
Though privacy settings may give an illusion of security, understand that these configurations aren’t ironclad. In legal terms, even your so-called “private” posts could be subpoenaed and used against you in court. Furthermore, determined investigators have various methods to access or view social media content that may not readily be public.
What Can Go Wrong?
In the realm of personal injury law, specific utterances and posts can prove to be detrimental:
- Admissions: Explicitly or implicitly acknowledging fault can severely undermine your claim.
- Inconsistencies: Posting activities that contradict your claimed injuries will cast doubt on your case.
- Complaints and Comments: Negative remarks about involved parties, including your own insurance company, can make you appear vindictive and may not be well-received by a judge or jury.
- Social Media Check-ins: A simple act like checking into a location can also be potentially harmful to your case. Imagine claiming a severe leg injury but being seen “checked in” at a local hiking trail or a dance club. This seemingly innocent act could seriously compromise the authenticity of your claims in the eyes of the court. This is another instance where social media could be more of a foe than a friend. Therefore, think twice before letting the digital world know where you are or what you’re doing, especially when you have an active personal injury claim.
For these reasons, it is advisable to consult your personal injury attorney before making any posts related to your injury or legal proceedings.
Recommended Steps to Safeguard Your Case
- Deactivate or Limit Usage: If possible, consider deactivating your accounts or at least limiting your activity until your claim is resolved.
- Private Settings: Make sure your privacy settings are turned on, although this is not a foolproof plan.
- Be Mindful of Friends: Sometimes well-meaning friends or relatives might tag you in posts that could be used against your claim. Be sure to monitor these as well.
- Consult Your Attorney: Before posting anything, even if it seems irrelevant, consult with your personal injury attorney.
Conclusion
In the complex landscape of personal injury law in California, even a tweet can change the course of a lawsuit. Being cautious online is not just advisable, but crucial. A qualified attorney can provide you guidance tailored to your case’s nuances. Contact us to schedule a consultation.
