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Social Media in Injury Cases


What would we do without our smartphones? They connect us to our Facebook, Twitter and Instagram accounts. We have ways to send pictures, thoughts, and messages to everyone we know. Social media is a big part of our lives today. We are all connected. So, when some event such as an accident happens, you want to tell someone.

What if you are in a car accident?

It happens very fast, and you feel pain in your neck and back. You are shaking and dazed. You want to tweet that you had an accident but you are okay. What is the harm in sending a photo or a message about what happened?

Be careful. Do not post anything if you have an accident. That goes for any kind of injury to you that was caused by someone else. A personal injury can happen anywhere:  on the road, at work, by a company, an assault, or as a medical problem. Insurance companies and lawyers can use social posts about an injury against you.

What is a personal injury case?

It is a lawsuit to recover the expenses related to the injury, the medical costs, hospital stays, and physical pain and suffering. It includes the emotional and mental stress that affects your life, work and family. You must prove in court that your quality of life is different in order to collect damages. The defense lawyer is going to try to find evidence that proves you are not badly injured.

How can social media posts hurt you in a personal injury case?

 Social media posts are not private.

  • All posts are public statements and could be a used in a court case.
  • Private posts and profiles are not completely safe.
  • Nothing on the internet is private.
  • Consider suspending your social presence while your case is active.

 Insurance agents are going to look for any reason to pay less money.

  • Posts about the accident, your injuries, or saying that you are okay, can work against your claim.
  • Any post that shows you active, either outdoors or at a party, can be used to lower or deny the claim.
  • Friends can tag you in a post that may show you are not as injured as you say.

 Defense lawyers will look for evidence in your posts.

  • An innocent post by you, (“I crashed the car”) can be twisted to make you look guilty.
  • If you claim emotional or mental suffering, posts of you having fun with friends can be used in court against you.
  • Angry posts about the other party in the case will make you look bad.
  • Any post that appear apologetic will be turned around to make you look guilty.

Social media cannot help anyone in a personal injury case. Plaintiffs and defendants can both be hurt if posts are used as evidence.  Avoid posting about your case. Tell your friends not to post about you at all.

Clay Burgess, Louisiana attorney, can help you.  As an experienced personal injury lawyer, he can answer all your questions and discuss your rights. We can advise you on the best course of action regarding social media. Make arrangements to meet for a free consultation at any of our 8 personal injury law offices in Louisiana. Our team has over 20 years managing personal injury cases. Contact us toll- free at 1-877-234-7573. Don’t Delay! Call Clay!

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