Personal injury cases can very difficult. Many elements play a role in how the case proceeds, but what most people don’t realize is that something we do like second nature can affect the case drastically: social media posts. The reality is that while it might not look as dangerous, one of the modern tips lawyers give to their clients looking for compensation over personal injury is to be wary of social media. And for a good reason.
Lawyers and insurance companies nowadays try to adjust or refuse payments for personal injury cases by relying on the telltale tale left by plaintiff’s social media posts. But, how does this happen and what can people do to avoid sidetracking an injury claim inadvertently this way? This is a guide on how social media can damage your compensation claims, and what to do to avoid it and protect the case.
How Companies Use Social Media in Personal Injury Cases
While a smiling picture with your family at a barbecue 2 months after an accident might sound harmless, in a court of law over a case, it can turn into the determining factor for your personal injury claim. Why is this? Adjusters, insurance companies and lawyers use these pictures to reflect on your emotional and physical welfare, by claiming that you’re not suffering or having as many difficulties and you might have claimed in your compensation claims, thus not paying the demand.
There are some frequent ways in which they can use your personal information on social media posts when it comes to personal injury cases. One of the most common relates to socialization: assuming people have injuries that cripple them or limit their mobility and physical wellbeing, lawyers might request case dismissal if the plaintiff is seen attending events and such on social media.
Smiling in pictures can also be seen as subterfuge: plaintiffs might not be as hurt if they’re seen acting happily in pictures. The same principle applies to travel and making life-changing decisions while making a personal injury claim. For example, you might want to avoid the road trip with your friends you had scheduled because doing so (and it reflecting on social media) can be seen as your claim is fraudulent.
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How to Avoid Damaging your Personal Injury Claim with Social Media
Avoiding sabotaging a personal injury claim requires attention and careful threading of social media usage. Most insurance companies and lawyers nowadays will use every post plaintiff do on your profiles (or those in which they’re tagged) as a way to undermine compensation claims.
What can plaintiffs do to protect their personal injury and insurance claim? There are a set of suggestions for you to follow when it comes to injury settlement cases and other compensation claims.
- Browse your older posts: a good idea is to use the search tools in your social media profiles, and a Google search on your name. Identify a post that relates to your case, and that can be potentially harmful to your case. If you’re assisted, this is a good opportunity. to request your lawyer’s assistance to identify potential weaknesses in your personal injury case.
- Reviewing profile settings: if you have every setting set to “public” your insurance company or the lawyer of the defendant in your case might look at them. That means that everything you post can and will be used against you in a court of law if that’s the case, so changing privacy settings to “Friends only” is the best idea you can have.
- Avoid speaking of your accident: more than the cursory mention of the event or accident, avoid posting about the ordeal on social media. These post will be reviewed, looking for inconsistencies that can be used in a court of law or during an insurance investigation.
- Refrain from posting about yourself: selfies and group pictures might look harmless to you, but in the hands of a lawyer or insurance company, they’re proof you’re not limited by your injury, therefore, shouldn’t be awarded your request for compensation claims. Posting about yourself in a happy way is usually one of the key elements to a case dismissal instead of an injury settlement agreement.
- Don’t speak about your case: while this might sound like a given, it’s important to have in mind that if you’re making a case against a private or a company, it might not be a good idea to post about that on social media. Your personal claim can be dismissed if you’re posting or boasting about it on your profiles, as that can be seen as fraudulent behavior in a court of law.
Looking for legal assistance for personal injury claims? We’re here to help you with your claims to get the right compensation for your case. Contact us at the office that’s closest to you to get a professional assessment in Georgia. The first consultation is free and you don’t pay unless we win. Contact us at 404.888.8888.
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Bader Scott Injury Lawyers handles personal injury, auto accidents, and workers compensation cases, with in-depth knowledge and experience in matters of such nature. Offering assistance throughout the case, we know how accidents and injuries have an impact not only on the victim but those around them.