Social Media and Personal Injury Cases
Undoubtedly, social media is an essential part of our everyday lives; it is a gift that keeps giving. While social media is beneficial a great deal, it can also ruin things when not used judiciously. For instance, hitting the “send” button on a status update, tweet, or picture without thinking twice about the aftermath of a personal injury can have serious consequences.
According to attorney Felix Gonzalez of Felix Gonzalez Accident and Injury Law Firm, social media can be your worst enemy in personal injury cases. Without intending to, sharing posts, photos, and videos about your personal injury case can result in negative consequences. Therefore, before you share the details of that auto accident, you might want to read this article first.
A Simple Post Can Undermine Your Claim
Let’s take an example: You were a car collision victim and sustained leg and back injuries. As such, you have decided to pursue a personal injury claim against the driver who crashed into you. Now, part of your claim is that you cannot return to your job because the injury left you unable to walk without severe pain.However, you used to be a regular gym-goer and went again post-accident to see what you could do. You shared a status update with your friends and family while training at the gym. Then, you went to an event with your friends, and all your activities were documented on Instagram.
This action already shows something contrary to your injury claim, and it does not matter whether your pain is legitimate. This insurance will use whatever they can find to downplay your injury, and those photos and status updates are the perfect thing. This can mean no settlement or a reduced settlement; they could even shift the blame to you.
You can avoid the above scenario by simply refraining from posting anything about your injury. Personal injury cases are already difficult enough to handle without helping the defense counsel prove their case. To be safe, limit your social media presence until the case is resolved.
Protecting Your Privacy and Personal Injury Case on Social Media
There are privacy settings on every social media platform where you can limit who sees or engages with your posts. Besides protecting your claim’s integrity, you can also protect yourself from strangers by tightening your privacy settings. However, even privately posted information on social media can be accessed and tendered as evidence against you in a personal injury case.If you choose to adjust your privacy settings, ensure people outside of your connections do not have access to your content. Also, do not allow even your connections to share content with their family and friends. Furthermore, until the case is over, do not accept additional connections or friends; they could be representatives of the opposing counsel.
Why You Should Avoid Posting Your Case on Social Media
Making a post about your injury can mischaracterize the impact of the accident and injury and how long its effect could be. Your lawyer will briefly describe the extent of the injury suffered, its impact on your life, and how the defendant is to blame. However, if there is a post online stating otherwise, it will hurt your case—and that is the last thing you want.The opposing counsel will dig out those posts and pictures, using your own words against you. You also want to avoid making angry posts about the defendant so that you do not put your case in a tough spot.
Conclusion
Social media cannot be your friend if you are injured in a car collision or accident. As harmless as it may seem, posting on social media could contradict your claim and jeopardize it. “To be safe, avoiding saying anything or sharing pictures about your injury is best until the case is settled,” says attorney Felix Gonzalez. So, always be careful about what you post on your social media, and make sure you do not post something that can jeopardize your accident claim later.Do You Need An Attorney?
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Posted - 10/17/2024
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