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Social media posts can adversely affect a personal injury case

On Behalf of | Nov 23, 2021 | Injury

You were hit from behind by an intoxicated driver and suffered serious injuries. As you began the healing process, you sought information on filing a personal injury claim. You think that your case is pretty solid — the medically documented injuries, the impaired driver and the rear-end collision all favor a slam-dunk win for you as the plaintiff.

But don’t go counting your anticipated settlement or judgment dollars just yet. Your online presence and various social media posts could call into question the extent of your injuries or the validity of your claim.

Don’t be your own worst enemy

It’s a fact that we all tend to try to post status updates and photos that show us in our best light. Whether it’s clever editing, soft lighting or special filters, we want to present the best version of ourselves online.

But if you have a pending personal injury case, those posts could be scrutinized by defense counsel and used to demonstrate that you are no longer suffering from injuries from the accident. Worse, the opposing attorney could even accuse you of malingering and not truly being injured since your social media shows you are actively engaged in physical activities. The fact that the posted photo was several years old and pre-dates your wreck might not even be addressed.

Should you shut down your accounts?

Most personal injury attorneys understand that their clients maintain an online presence. Within certain parameters and by using some common sense, you can still maintain your accounts. What you may want to avoid is posting any photos or updates that undermine your legitimate case.

Forgo the surfing videos or shots of you dancing the night away at the club. Even pictures of you hoisting your kids onto your shoulders can call into question whether the injuries from your wreck have fully resolved or remain a problem.

In short, it’s probably a good idea to reduce your social media presence during the adjudication of your claim for damages. Whether a picture is worth a thousand words or not, you don’t want to jeopardize your claim against the at-fault driver and their insurance company.