Social Media Impact on Your Personal Injury Case

Social media has become a significant part of our day-to-day lives. Most teens and adults have at least one social media account, and the particularly savvy and active users have accounts on multiple platforms.

You may be used to posting daily updates or about important life events. However, when it comes to injuries you suffered in an accident, you need to think twice before uploading photos, videos, statuses, or comments. Online information can be used like any other type of admissible evidence and it has the potential to negatively affect your personal injury case.

Ways in Which Social Media Can Impact Your Personal Injury Case

Your social media posts may seem insignificant or harmless to you. However, insurance defense attorneys have learned that seemingly innocent posts have the potential to be devastating to a claim. The biggest risk is that your own content will contradict the claims you make in your case. Your pictures, photos, location check-ins, and statements may demonstrate you have different physical capabilities than you claim to the insurer or in court.

You may allege that you have undergone profound pain and suffering during your recovery. However, your virtual persona is always smiling, vacationing, hanging out with friends, or traveling. Your online activity may cause jurors or adjusters to doubt you are in as much pain as you say or presume that you are leading an active and full life, despite your alleged suffering.

Another risk is that your social media content will show that there may have been an intervening cause for your injuries or for why your condition has gotten worse. An intervening cause is another factor that occurred after the original incident and the other party can use it to say they are not responsible for your current condition. The at-fault party and their insurer can use this to claim they do not owe you compensation or that they owe you far less than you demand.

Potential Consequences of Contradictory Social Media Content

If your social media content contradicts your legal claims, various things can happen. The other party can use this evidence to ask for the case to be dismissed. The insurer may use it to deny your claim.

If the online content is not enough for an insurance claim denial or lawsuit dismissal, it can still be used to weaken your case and limit your financial recovery. For example, if your photos and statuses show that you are not in as much pain as you say, this can lead to a lower insurance settlement or court award.

The at-fault party and their insurer may also use your social media content to support allegations of comparative negligence. They may argue that the evidence proves you were also careless and therefore partly responsible for your own injuries. If an insurer or court agrees, this can significantly decrease your compensation.

Social Media Best Practices During Your Personal Injury Case

If you are injured in an accident and are a social media user, talk with your lawyer about how to handle your accounts during your claim.

Your attorney may recommend that you:

Do not post anything about being in an accident.
Do not post any photos or videos of the incident or your injuries.
Do not post any content that reflects your physical or mental condition.
Do not post about the insurance claim or lawsuit.
Tighten your privacy settings to allow only your contacts to see your content.
Do not accept friend or connection requests from anyone you do not know well.
Ask friends and family members to keep their questions and comments offline.
Ask friends and family members to not tag you in posts.
Do not delete anything without speaking to your personal injury attorney first.

Contact Donaldson Law, LLC for Help

If you were injured in an accident and are unsure of how to handle social media, or you fear your social media posts could impact your insurance claim, call the Donaldson Law, LLC right away to speak with an experienced Denver personal injury attorney.

You can reach attorney Jennifer Donaldson through the online form or call (303) 458-5000 to schedule an initial consultation.

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My husband was rear-ended and his head broke through the back window of the truck. We decided to give things time to see if he improved. The other insurance company dragged things on forever. That’s when we decided we needed an attorney. We did not fully understand the statute of limitations and called a few attorneys thinking we had enough time. We quickly found out that in the land of the law, we were cutting it very close. The other attorneys we called passed saying that they just didn’t have the time to handle our case; we didn’t even get a chance to speak with anyone but the receptionist. Then I called Jennifer Donaldson and spoke to Melanie who is part of Jennifer’s incredible team. – Jackie G.

I was hit by a car while I was in a crosswalk. Afterward, I underwent multiple surgeries and occupational therapy. I was out of work after losing the use of my hand for a period of time. I knew that I couldn’t deal with the insurance companies on my own. After some research, I found Jennifer and Melanie. They were amazing through the whole process and the result was a very generous settlement. They were also able to get my health insurance to waive their subrogation claim. They have both been great to work with. Throughout my claim, they communicated with me and kept me updated. I would definitely recommend using Jennifer Donaldson if you ever need an attorney for a personal injury case.– Zander O.

Jennifer and her team were fantastic. They guided me through the whole process after getting into a car accident. She fought for me, and gave me and my family the best support. I don’t think I could have made it through the whole process without Jennifer and her team. Their knowledge of the insurance industry was very helpful and was a key factor in the outcome of my case.– Tony D.

My wife was involved in a serious auto accident where she sustained serious injuries, including a traumatic brain injury. Ms. Donaldson was professional, compassionate and very thorough from beginning to end. Her focus was to make sure that we were made whole. Her thorough work resulted in a settlement that provides for our needs for the rest of our lives. Ms. Donaldson is a great attorney.– Tony D.

I was hit by a car while riding my bicycle, causing me serious and permanent injuries. Ms. Donaldson handled my case in a very professional manner with outstanding results. She worked hard to make sure we got a settlement without the need for litigation while still getting the maximum recovery available. She and her staff were very thorough and stayed in constant communication. Overall, Ms. Donaldson was outstanding during the entire case. I highly recommend her to anyone in need of representation for their personal injury claim.– Leigh C.

How Social Media Can Impact Your Personal Injury Case

Ways in Which Social Media Can Impact Your Personal Injury Case

Potential Consequences of Contradictory Social Media Content

Social Media Best Practices During Your Personal Injury Case

Contact Donaldson Law, LLC for Help

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