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How Social Media Can Affect Your Personal Injury Claim

Posted on behalf of Lynch Law Firm on Feb 23, 2018  in Personal Injury News

person using lap topMany people are unaware that their social media posts can potentially be used against them if they are involved in a personal injury claim or lawsuit.

Often, insurers and attorneys representing the at-fault party will search a victim’s social media in search of evidence that diminishes the victim’s claim regarding the severity of his or her injury. For this reason, it is important for personal injury victims to realize that social media accounts may be monitored from the day they begin pursuing a claim. Posting certain content can be dangerous for a personal injury victim.

The Lynch Law Firm’s personal injury lawyers are committed to helping you recover the maximum compensation that may be entitled to you. We can discuss your claim during a free, no obligation consultation.

How Social Media Can Affect Your Claim

Insurance companies may try to deny or reduce the amount of compensation a personal injury victim may be entitled to by using their social media to discredit their claim.

They may look to social media to try to find evidence that shows the victim is not injured or may have exaggerated his or her injury. An insurer may also look for evidence that the victim has recovered from his or her injury and is no longer impaired.

It is easier for insurance companies to uncover this information when your privacy settings are not activated on your account. However, even if your account is private, the insurer may be able to gain access to them through a court order if there is sufficient evidence that the posts are relevant to the case. This means anything you post on your social media account may be considered public and can be used against you in court.

Insurers may look for evidence in your:

  • Photos
  • Videos
  • Status updates
  • Comments
  • Replies to comments

What You Should Be Cautious About

Personal injury victims must be cautious about their social media use while their personal injury claim is pending. If you continue to use social media after filing a claim, you should be aware of your online activity, such as:

Sharing or Posting Pictures

In certain cases, the pictures you post or share on your social media accounts can have a significant impact on your personal injury claim.

For example, if your accident resulted in a back injury, an insurance company may look for pictures of you participating in physical activities that may contradict the pain or limitation described in your claim.

Even a picture that shows you smiling while you are recovering from an injury may be used out of context to portray you as exaggerating the extent of your pain and suffering.

Oversharing

Although social media gives you a forum to discuss your life, it may be against your best interests to mention any aspect about your personal injury claim on social media.

Any information you post on social media can be used against you by the at-fault party’s insurance company. For this reason, consider avoiding posting or sharing information about:

  • Meeting with you lawyer
  • The status of your personal injury claim
  • The amount of compensation you are pursuing
  • Private details that may give the insurance company insight into your claim

Replies

As with your other social media activity, you should be careful how you reply to other users on your account.

This includes how you respond to well-intended friends or family members who may reach out to you after an accident. Responding to these messages, especially that you “are fine” after a serious accident that may be used against you.

Although many people may be concerned about your well-being and ask about your health, consider how your response could affect your claim.

Contact a Personal Injury Lawyer for Assistance

If you have been injured by another’s negligence, consult with a skilled attorney as soon as possible to discuss your claim.

The Lynch Law Firm’s dedicated attorneys will provide you with a free, no obligation consultation to review the circumstances behind your accident and determine if you have a case against the at-fault party.

We will help guide you through the claims process to help you secure the justice and compensation you deserve. All of our services are provided on a contingency fee basis, which means you only have to pay us if we reach a fair outcome for your claim.

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