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Social Media and Your Personal Injury Claim

By Dianne Freed on July 27, 2018

Social media sites, like Facebook, Instagram, and Twitter, are places where people share their thoughts, feelings, and experiences with friends and family. However, if you’re in the midst of a personal injury claim, it is important to be mindful of the impact your social media activity can have on your case. Here are some considerations to keep in mind:

Social Media is Public Record 

The information you post on social media is public, and you have no reasonable expectation of privacy when it comes to posts you put out in the world for all to see.  This includes insurance adjusters and defense attorneys.

Social Media Can Impact Your Claim of Physical Injury

When you’re seeking compensation for personal injury, it is the job of the defense to question your credibility and find evidence to minimize your injuries. Insurance companies will comb through your social media accounts looking for photos or posts that contradict your claim that you’ve been seriously injured. For instance, if you claim to have a back injury, an Instagram post showing you dancing at a wedding could be detrimental to your case. Even though you may have only been standing on the dance floor clapping your hands and not actually dancing, the defense can try and make it appear that you are not telling the truth about your injuries.

Social Media Can Impact Your Claim of Pain and Suffering

When you’ve been injured, there may be a claim for pain and suffering.  You may experience depression, anxiety, social withdrawal, and loss of enjoyment of life as a result of your injury.  When people post on social media, they’re usually trying to put their best foot forward and only show the positive aspects of their lives.  You post pictures of fun times with family and friends. Even photos of your pets could be interpreted as a demonstration that you are, in fact, enjoying life despite your injury. Defense attorneys will take any “positive” posts and attempt to use them to prove that you are not suffering as much as you present.

Approaching Social Media During a Personal Injury Claim

If you’ve been injured in an accident, there are some measures you can take to ensure your social media life doesn’t negatively impact your personal injury claim.

  • Stop all social media activity as soon as you’re involved in an accident.
  • Consider shutting down your social media accounts.
  • If you insist on keeping your social media accounts open, make sure to set all of them to the highest privacy setting.
  • Don’t add any new social media accounts.
  • Don’t accept any new friend or follower requests.
  • Make your attorney aware of your social media accounts.

Contact an Experienced Personal Injury Attorney

If you’ve been injured in an accident, you need to contact a Maryland personal injury attorney to help you get the compensation you need. The attorneys at Alpert Schreyer, LP, have over 30 years of experience helping the injured. Contact us online or call us at 1-844-MDCRASH to schedule your free consultation.

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Alpert Schreyer, LLC Disclaimer: The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. This web site is not intended to solicit clients for matters outside of the state of Maryland.

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Date published: 09/06/2018
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