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How Social Media Could Affect Your Personal Injury Case

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Social media platforms have made it easier than ever to stay in contact with family members, friends, co-workers, and loved ones. Unfortunately, social media use does come with some risks, especially for those who are considering filing or have already filed a personal injury case.

The Risks of Social Media Use After an Accident 

Staying off of social media after an accident is always a good idea, especially for those who are considering filing a personal injury claim against the person who caused their injuries, as any statements or photos of the accident could end up being used against the claimant in court. In fact, even photos or posts that are unrelated to the accident in question could affect the outcome of a case. This is because defendants and their attorneys will do anything they can to shed doubt on the truthfulness of a claim regarding the degree and severity of an injury and so avoid having to pay out the entirety of a claim. Even something as simple as a regular photo or a status update can be construed by lawyers as proof that a claimant isn’t as injured as is being claimed.

Tips for Using Social Media After an Accident 

Anything a person says on social media will be scrutinized by the opposing party for things that contradict other evidence, which is why it’s so important for accident victims to exercise extreme caution when using social media after an accident. Here are a few tips for those who were recently involved in an accident:

  • Refrain from posting any photos, videos, or comments about the accident itself;
  • Avoid posting comments about the lawsuit or a pending insurance claim;
  • Ask friends and family members to avoid making comments about your case or injury;
  • Ask friends to avoid tagging or posting updated photos of you;
  • Check your privacy settings and ensure that only friends can see your posts;
  • Avoid accepting requests from those you don’t know; and
  • Restrict your use of social media, including chat conversations and private messages.

The best way to avoid having something you post on social media used against you is to stay off it entirely. Some people even choose to temporarily deactivate their accounts to avoid damaging their case.

Social Media Could be Used to Your Advantage 

There are also ways that an experienced attorney can use social media to help strengthen an accident victim’s claim. For instance, just as it is possible for a defendant to use a claimant’s posts against him or her, doing so is possible for defendants who post about the accident on their own accounts. Furthermore, a legal team could use past photos and videos to demonstrate a claimant’s previous hobbies, activities, and skill, which are now curtailed because of his or her injury.

The Legal Representation You Deserve 

For advice on strengthening your own accident claim, please reach out to the dedicated Atlanta personal injury lawyers at Shiver Hamilton Campbell by calling our office at 404-593-0020 today. We can help ensure that you don’t inadvertently damage your own case and can advise you as to your next steps.

Sources:

 forbes.com/sites/andrewarnold/2018/12/30/heres-how-social-media-can-be-used-against-you-in-court/?sh=1e56a9226344

foxsanantonio.com/sponsored/spotlight/how-social-media-can-affect-your-personal-injury-case

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