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How Social Media Jeopardizes Personal Injury Claim Recovery

Published on Apr 6, 2021 at 8:00 am in Personal Injury.

Personal Injury Lawyer

Many people share nearly every aspect of their lives on social media. While this allows us to keep in touch with friends, family, and others, this can be detrimental to a personal injury claim. If you’ve been injured in an accident and are pursuing compensation for your losses, it’s in your best interest to avoid posting on social media. Let’s take a look at how social media can jeopardize your chance at a successful personal injury claim.

How Social Media Can Be Used Against Your Injury Claim

No matter how active or inactive you are on social media, your profile could be used against you in the event you’re seeking compensation for an accident. The insurance company or defense may try to access your accounts to gauge how and what you’re doing. In terms of how social media jeopardizes your claim, it can contract your own testimony and give an inaccurate depiction of your injuries and their impact on your life.

If you choose to use social media to confide in friends or family about your accident, you may say something that could be interpreted to conflict with your initial allegations. If, for example, you make a statement to the police regarding what you think happened at the time of the accident and you make a post about it on Facebook that contradicts that statement, the insurance company could use that to put you at blame for what happened.

Your doctor determines the severity of your injuries, how they’re treated, and your maximum medical recovery. Not all injuries are visible or constantly painful. If you post pictures or videos of yourself where you’re up and around, seemingly having a good time, the opposing side could try to claim your injuries are not as severe as you say, and you’re not eligible for the amount of compensation you’re seeking.

Social Media Tips for Personal Injury Victims

With the number of ways social media can be used against your personal injury claim, it’s important to understand how to use social media platforms responsibly during the duration of your case. Consider the following tips:

  • Check your privacy settings. When your social media profiles are set to private, it will prevent outside parties from easily accessing what you put online. However, it’s important to note that even when your profile is private, you should refrain from posting anything about your accident. This is because attorneys can send a letter of preservation from the insurance company stating your social media account need to be maintained and preserved and not altered in any way.
  • Don’t post about your injuries. It’s likely your friends and family will be curious about your physical and emotional wellbeing after an accident, but publishing updates about your treatment and images online can damage your case. In general, avoid posting photos of the accident, photos of your injuries, or updates on your medical condition. Instead, let people know how you’re doing over the phone or in person.
  • Don’t post about your attorney. If you’re unhappy about the treatment or service you’ve received from a law firm, do not post about it online. Expressing a negative review or opinion about your attorney could be used against you. Instead, ask to speak to someone else within the firm about your case.
  • Let your families know to limit their social media interaction with you. Depending on your privacy settings, friends and family may be able to post on your profile. It’s important to ask your loved ones to refrain from tagging you in posts.
  • If you’re unsure, don’t post. If your debating posting something on a social media platform, there’s probably a reason for it. Avoid posting until your case has resolved, or at the very least, think before you share or post.

Contact Thomas Law Offices

If you’ve been injured in an accident and believe someone else is to blame, you deserve strong legal representation. Our attorneys understand the challenges you’re facing, and we’re here to provide you with the legal guidance you need to get your life back in order.

To improve your chances of a favorable settlement award, remember to stay off social media and get in touch with a lawyer as soon after your accident as possible. This way, your lawyer will have ample time to conduct a thorough investigation, and you won’t have to worry about the insurance company using your words or posts against you. To learn more, contact us today.

Meet Your Team

Tad Thomas - Trial Lawyer

Tad Thomas

Managing Partner

Tad Thomas has dedicated his practice to representing plaintiffs in various types of civil litigation, including personal injury, business litigation, class actions, and multi-district litigation.

After graduating with his law degree in 2000 from Salmon P. Chase College of Law at Northern Kentucky University, Mr. Thomas immediately opened his own private practice and began representing injury victims.

In 2011, Thomas Law Offices was established in Louisville, Kentucky. Over the past decade, Mr. Thomas has expanded his firm and now has offices in three additional locations: Cincinnati, Ohio, Columbia, Missouri, and Chicago, Illinois. He is also a frequent lecturer on topics like trial skills and ethics and technology.

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