Social Media and Your Personal Injury Case


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Social media is accessed by millions of people around the world. It is also used by defense lawyers, private investigators, and the defendants. For you, this means that what you post could be used against you in court.

The Basics: What Is Personal Injury?

If you have a personal injury claim, it means you are attempting to get a monetary settlement because of an injury you suffered, usually caused by someone else. You are proving that your life and your finances have been negatively impacted by this injury. Perhaps you have limited mobility, or a disfigurement, or trauma that caused you to lose a
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job and suffer ongoing pain. Perhaps you have medical bills and rehabilitation costs that are a direct result of the injury.

Personal injuries can be caused by car accidents, motorcycle accidents, workplace injuries, slip and falls, bicycle accidents, pedestrian accidents, and more. They happen because someone else was negligent, careless, or distracted.

What to Avoid on Social Media

Defense attorneys and private investigators nowadays watch your social media accounts to see if there are any discrepancies between what you are claiming and how you are living your life. For example, if you are claiming you have back injuries caused by the accident, yet you are lifting heavy objects and water skiing, they might try to prove you donít have a serious back injury and your life has not been negatively impacted. Here are some things to avoid posting on social media:

ē Avoid posting about activities that require a great deal of physical exertion. Even if youíre having a good day and the pain is allowing you to enjoy a short outing, the defense team could try to use that to prove you arenít suffering. Even a simple post about weeding your garden could be used against you.

ē Avoid making posts about spending a lot of money. If your claim is about how much money you are paying in medical costs, splurging at an expensive restaurant and posting about it on social media might not be the best idea.

ē Avoid sharing personal outings. If your case involves a claim of emotional or psychological harm and there are posts about you enjoying a night out with friends, the other side might try to use that against you.

Although all of these things sound unfair, the defense team is going to be working hard to minimize what they have to pay out. They will use whatever they can find to discredit your claims.

More Social Media Tips

Before posting anything, ask yourself: is it necessary that I post about this while I have an ongoing personal injury claim? If itís not necessary, donít post it. Keep your personal details private for the time being.

Make sure your settings are on privateódonít share posts publicly. However, remember that itís still better to avoid posting on social media altogether, at least about anything regarding your personal life.

Review your social media accounts from the day of the accident and after, and delete anything that might be harmful to your case. Remember that even though you know the context of the photo (like when you were able to participate in a short event because your pain had subsided momentarily), the defense attorney will use that one instance to try to prove you are living pain-free.

Closing Words

Itís very important to be cautious and follow guidelines to avoid posting something that could be harmful to your case. [Lawyers at a Personal Injury law firm] can instruct you on what should and shouldnít be posted, and how to protect yourself from people who might be watching your account for posts to use against you.

ABOUT THE AUTHOR: Mark Breyer
Mark Breyer of Breyer Law Offices, P.C. is a recognized expert in personal injury and wrongful death law. He practices in Phoenix and throughout Arizona. Mark has built a reputation as an outstanding legal professional who gets results. He has earned numerous awards and is a Certified Specialist in Injury and Wrongful Death by the State Bar of Arizona - a distinction held by under 2 percent of Arizona attorneys. Aside from recognition as a top personal injury lawyer, Mark is praised by many clients for his honesty, communicativeness, and success in their cases.

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.

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