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Have a Personal Injury Claim Pending? Stay off Social Media for the Duration

Aug 08, 2023

These days, social media is such an integral part of so many people's lives that it can be second nature to post online about everything you do. If you'll post about the fabulous dinner you had when you were out on your anniversary date, why wouldn't you post about your car accident experiences?


Unfortunately, the posts you make on social media can come back to haunt you, and they can have a hugely negative effect on your injury claim. Here's what you need to know:


Everybody With an Interest in Your Case May Be Looking


Never assume that you're not "important enough" for anybody to dig around your social media pages. Social media has become a major source of evidence in modern litigation. A defense attorney, insurance adjustor, or private investigator would be positively remiss if they did not try to nose around on your social media sites to see what they can find that might be useful to them.


While you can try to increase your privacy settings on your social media accounts, the reality is that a savvy investigator can generally find anything that you post online, including comments you make in public forums or on friends' posts. Everything and anything posted online is basically "fair game" when it comes to trying to dispute your claim.


You Can End Up Contradicting Yourself Far Too Easily


One of the biggest reasons you should stay away from social media when you have a personal injury claim in motion is that you don't want to accidentally throw doubt on any of your claims. Anything from random comments meant in jest to photos that are taken out of context could be used to dispute the extent of your injuries.


For example, imagine that you have a serious back injury after a slip and fall that is limiting your ability to work or even enjoy life. For your birthday, you make a special effort to hide your pain as you go out to dinner and you smile for the camera when your friends take photos. Someone posts that photo online, tags you, and you comment, "I had a great time!" 


That photo and your comment could be just enough to cast doubt about the severity of your injury, the true extent of your pain, and just how badly your quality of life has been affected. You may know that you were in excruciating pain all evening, but the image you presented to the world via social media doesn't show that—and you've just created an uphill battle to convince anybody differently.


Your "Check-Ins" Could Be Used Against You


Even something as seemingly harmless as a social media "check-in" that announces your location to others as you shop, go out to eat, or participate in certain events can be a detriment to your case—so turn those features off and avoid making posts indicating what you are up to.


For example, imagine that you went to the gym to pick up something from your locker, pay your dues, or simply talk with a friend. The insurance adjuster in your case may argue that if you're fit enough to go to the gym, your injuries can't be that severe. Even though you know that you could barely hobble into the building and back out, that's not how the opposing party may present things.


At Spiegel & Barbato Attorneys At Law, we understand the importance of your personal injury claim, and we want to help you protect your interests. Contact us today to learn more about what it takes to get fair compensation for your injuries and other losses—and what you need to avoid while your claim is in process.

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