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How Social Media Could Damage Your Personal Injury Claim

Social media in a personal injury caseSocial media has become a way of life in today’s world. It’s a way to connect with family and friends, and most people share their thoughts with their inner circle without giving it much thought. For many aspects of life, there is nothing wrong with that. But, if you have been injured in an auto accident and your claim hasn’t been settled yet, what you say can be twisted or misunderstood, and it can definitely be used against you.

Rethink Your Social Media Habits

If you are in the habit of posting everything you do on social media, it’s time to get out of that habit. Some things you post can damage your credibility or be taken out of context. Examples include:

  • Constant venting, including swearing
  • Indulging in adult beverages
  • Shares about prior lawsuits you have been involved in
  • Bragging about exaggerating the pain you are in
  • Bad mouthing the other party
  • Comments that could be interpreted as admitting you were at least partially at fault
  • Comments that cast doubt on whether you are genuinely suffering

Things that are posted on social media can come back to haunt you even after posts are taken down. A good approach is not to post anything on social media while your claim or lawsuit is pending.

The Insurance Company is Watching You

When you are trying to receive just compensation for your injuries, remember that the insurance company wants to find a reason not to pay you, and they will do just about everything they can to avoid it.

They may hire a private investigator to watch your behavior, including what you post on social media. Even if you are not posting pictures of outrageous behavior, pictures of carrying heavy things (including children) or participating in athletics could be used against you as evidence that you are not really as injured as you say you are.

Keep Friends and Family from Posting About Your Accident

Even if you refrain from posting anything that could hurt your case, your friends and family might say something they shouldn’t and tag you in the post. Talk to anyone you think might do this and ask them to avoid posting anything about you without your consent.

Even posts that seem innocent, such as pictures that show you vacationing or relaxing, might be used to imply that your quality of life has not suffered in any way, and that your physical or mental injury claims have been exaggerated.

What About Private Posts?

While you may think your privacy settings protect you from people who you don’t wish to view your posts, there is no guarantee of that. Friends may unknowingly open up your posts to be viewed by others if they tag you.

Once an insurance company has seen something you have posted, the information can be used against you. Insurance companies may also obtain information through a court order. You should keep in mind that there is no guarantee of privacy on social media. Always keep a very low profile while you are in the claims process.

Watching What You Say May Not Be Enough

Being careful not to talk about the accident may not be enough to protect you. Posting and commenting constantly may be interpreted as evidence that you are feeling perfectly fine and that your demeanor is upbeat so your injuries can’t be as bad as you say they are.

The best approach is to stay off social media altogether until your case is settled. While that may seem extreme, you will feel much worse if it comes out later that social media damaged your case leaving you with lower compensation than you should have received.

Contact Patterson Law Group for Texas Personal Injury Claims

If you have been hurt in a car accident due to someone else’s negligence, we are here to help. Contact Patterson Law Group by filling out the form on this page and one of our attorneys will be in touch very soon.

Filed Under: Personal Injury Tagged With: Social Media

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