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Should I Stay Off Social Media After an Accident?

Published on May 10, 2018 at 2:14 pm in Personal Injury.

You’re probably accustomed to documenting your life on social media accounts. It’s where you talk about your day, upload photos to share an event, or share something interesting you discovered. But what you may not know is that this isn’t the best move if you’re involved in a personal injury case because the defense will use your social media to try and reduce your claim.

A personal injury lawyer from Thomas Law Offices can help you with your case. We’ll work hard to get you the compensation you deserve and advise you on how to protect your claim and not do anything to weaken it.

How Does Social Media Affect Your Claim?

Your posts can be used against you to reduce your compensation. This could leave you with less than what you were originally owed. An unfavorable settlement may not cover your expenses.

Posts can reduce your compensation because anything you post can be misconstrued or given a narrative designed to make you less credible.

When you’re meeting with your personal injury attorney, you should bring up social media. They can help you look at your accounts and will know if anything may come up in the case. They’ll also advise you on what to do with your accounts.

What Shouldn’t You Post on Social Media?

There are many social media posts you should avoid when you have a personal injury case.

  • Photos. Any pictures of you could be used against you. If your claim says that you can’t work and you’re also seeking compensation for pain and suffering, then your timeline full of recent photos could seem suspect.
  • Posts That Negate Your Claim. Photos aren’t the only posts that can negate your claim. Statuses or tweets could show that you’re not in emotional distress and are exaggerating the extent of your injuries.
  • Comments About the Accident. You may feel like posting about the accident or the other party involved in the accidents. This includes any comments or conversations on a social media platform. Don’t talk about your personal injury case because anything you say could be used to reduce your settlement.
  • Tagged Posts. Friends or family may try to show support about your case and tag you in a post about it. This can also be used against you. It doesn’t matter that you had nothing to do with the post. If this happens, you can remove yourself from the post or ask your friend to remove you or delete the post and refrain from tagging you in future posts.

You should check all your social media accounts and look at your privacy and security settings. Consider changing your settings to private so you can control who sees your profiles. While this isn’t a definitive way to keep people from seeing your social media, it can help provide some protection.

It’s also important to know that deleting posts doesn’t get rid of them forever. They could be saved in an archive for the social media platform. You’re better off not having made those posts in the first place.

Since social media posts can easily complicate personal injury cases, you may want to think about taking a break from social media. You won’t have to worry about anything being used to reduce your claim.

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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