We have developed 10 social media tips for injured people to help them protect their injury claim.
We all know, social media is now a way of life for many people. Worldwide, Facebook has over 2.2 billion users . Almost half of users aged 18-34 check Facebook when they first wake up. These days sharing is what we do. It can be anything: Bragging about our kids’ accomplishments, vacation photos, and relevant here, giving details about a recent car accident.
If you are a social media sharer, you might want to think before you post.
Your Social Media Posts Can Hurt Your Accident Claim Outcome
Social media posts show up as evidence more in family law cases than personal injury cases. But, we developed these social media tips because they do have impacts in injury claims.
You have to be careful. We have said before, don’t Facebook about your injury claim. Simple updates that are not completely clear can cause you a problem. For example, “Crappy day today. at fault accident” can be used by a lawyer for an insurance company to argue that you are responsible. Likewise, posting details about an accident or injury can directly impact the outcome in your case. For example, if your post even suggests that you were in any way inattentive, negligent, reckless, distracted or inebriated when the collision took place it can cause problems.
Later in your case, the insurance company attorney can defend against your serious injury claim with the pictures you posted. If your Facebook, Tumblr, Instagram or Twitter that show you jet skiing or working out, you end up having to explain them away. Even just posting comments that show a disregard of safety or the law can be used against you.
Think Before You Hit That “Publish” Button
Although there are some limits within the litigation rules, the best advice is to stay away from the keyboard altogether. Just say no to social media during your case. It is understandably tempting to go off on a rant after you’ve been hurt in a car accident. And it’s also tempting to want to tell friends about the accident and your injuries, medical care, and maybe even the case itself. You may well jeopardize the compensation you deserve if you post this information for anyone to see.
Hepworth Holzer, LLP’s 10 Social Media Tips For Injured People
While avoidance is the best policy, here are a few tips in the event you can’t live without your social connections while your case is being resolved:
- Don’t Facebook or make any other posts about your injury claim. (OK we said there would be other tips.)
- Take advantage of all privacy settings available for your account. While it won’t protect what you write, it will limit who is able to see it easily (But, remember, some courts interpret the rules to allow the insurance company lawyers to get most everything it if you have to file a lawsuit.)
- Don’t post about what’s happening in your case.
- Don’t make lewd or tawdry posts.
- Don’t post about anyone involved in the accident or the case.
- Stay away from chat rooms, message boards and blogs.
- Don’t post pictures or videos and monitor when other people “tag” you in their pictures or videos.
- Talk to family members and counsel them about exercising good judgment with their posts. An aggressive insurance company lawyer might go digging around in your families social media too.
- It is improper to destroy evidence. So don’t go back and “clean up” past posts. Things you delete are generally not completely gone. And you could give the insurance company a “spoliation” defense.
- Most importantly, think before you post. The Internet is forever.
We Are Happy To Discuss Your Case With You For Free
If you or someone you love has been injured in a car accident, contact the attorneys at Hepworth Holzer. Injured people always get to talk with an actual personal injury attorney. Our team is dedicated to helping individuals and families receive compensation for injuries. We will discuss these social media tips. We will give you advice about your situation. Our lawyers specialize in catastrophic injury and accident cases, so please give us a call or text today at (208) 328-6998 for a free case review. .
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I would never have thought that social networks could affect the course of the trial in such a way. I phoned with my avocat on injuries fnblegal.com he confirmed that posts on social networks can be used in court.