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Why Should I Stay Off Social Media During My Personal Injury Case?


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Why Should I Stay Off Social Media During My Personal Injury Case? Cantor Grana Buckner Bucci, person typing on computer with social media platform images popping up

Reasons to Avoid Social Media After an Accident

You’ve probably heard by now that you should stay off social media when filing personal injury claims. But do you know why? There are a few very good reasons why you should avoid social media while your case is pending.

Any personal injury lawyer will tell you that there are legal ramifications you need to consider before posting on Facebook, a tweet, TikTok, or a photo on Instagram. Sometimes it only takes one social media post to change the outcome of your claim.

  1. Social Media Posts Can Be Used Against You In Court

Social media is a great way to stay connected to family and friends, and after an accident, you may want to post an update to let everyone know what’s going on. However, it’s important to remember that social media is evidence. Your personal details can be used against you by insurance companies in court, which is why posting videos, photos, or information about the case on your social media accounts is a bad idea.

In general, you should refrain from posting about anything to do with your case, including information about your medical treatment and the extent of your injuries. Do not post information or opinions about anyone connected to the case, including personal injury claim adjusters, healthcare providers, drivers, and passengers. An insurance company will do research and use any evidence to avoid paying compensation.

A general rule of thumb to remember:  anything you post on social media can be shown to the jury if your case goes to trial, and certainly will be used against you in settlement negotiations.  

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  1. You Could be Contacted by Investigators for the Defense Attorneys

If you’re posting about your accident on social media, it is possible that the investigators for the defense attorneys will be looking for you. In fact, they may even contact you in an attempt to get more information about your case.

During your case, it is also important not to accept any follower or friend requests from people you don’t know. The defense could request that your social media posts be turned over as part of the discovery process.

  1. Your Friends Could Post About You Online Without Realizing It Could Hurt Your Case

Anything you post on social media can be used against you in court. This includes posts that are made before, during, and after your accident. Your friends may not know that they shouldn’t post about your accident online. For example, if your friend posts a picture of you in the hospital, or at Kings Dominion after the accident, the defense could use that photo to argue that your injuries weren’t as severe as you claim.

  1. Social Media Posts Can Disprove Your Claim

After an accident, you may not be thinking clearly. And if you’re posting about your case on your social media account, you could make a mistake that could hurt your case. If you’re claiming that you’ve suffered certain injuries as a result of the accident, social media posts could disprove your claim.

For example, if you post a video on TikTok soon after the accident and call your injuries “minor,” even if the injuries are more severe than you thought at the time, insurance investigators and attorneys can use this as evidence that you are exaggerating your injuries.

The best way to avoid these potential problems is to avoid social media altogether until your case is resolved. If you need to stay in touch with family and friends, consider using a messaging app or email instead of posting on social media. And if you’re asked to turn over your social media posts as part of the discovery process, make sure to consult with an experienced personal injury attorney before doing so.

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Cantor Grana Buckner Bucci has represented clients in personal injury cases since 1979. If you have been injured in an accident, we can discuss your options, gather evidence, and help you make informed decisions throughout the process. Our firm takes pride in finding effective solutions to legal issues, and we can represent you as you seek a favorable outcome. Call Today!

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