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How Social Media Can Have a Negative Impact on Your Personal Injury Case

February 14, 2020 in Personal Injury Litigation

We live in an age where sharing the details of our daily lives has become not only normal, but even encouraged. With texts, photos and even videos, we share everything from major life events to minor inconveniences we encounter in our day. As a result, people are inclined to share things like accidents they are involved in and the injuries they suffer. Before you update your social media feeds, however, it’s important to understand the potential negative consequences it may have on your personal injury case. If you’ve been injured, a San Luis Obispo personal injury lawyer can help you avoid these problems. 

Your Social Media May Create Inconsistencies

A common issue that arises with social media is that inconsistencies arise between the accident reports and subsequent communications and what you post on your feed. Many of us will provide a quick update without giving much thought to what we’re writing. Our post is intended for our friends and family, so we don’t worry about how our post will be interpreted. However, in the hands of the opposing party, they can use your comment to show how you were the at-fault party or that your injuries were not as extensive as you claimed. 

Where You Go and What You Do Can Undermine Your Claim

Even posts totally unrelated to your accident can jeopardize your personal injury case. Vacation photos, check-ins at various venues (such as a dance club), or posts that seemingly suggest that everything is fine can be used against you. The other party and their insurance company can use these posts to argue that you aren’t actually injured and therefore shouldn’t be awarded compensation. An experienced San Luis Obispo personal injury lawyer can provide further guidance as to what you should and should not post on social media. 

Comments on Your Posts

Once you post something on the internet it can take on a life of its own and you lose control over it. A well-intentioned comment from a friend on social media can do extraordinary damage to your case. Comments such as the following can be problematic for your claim:

  • “It was so fun hiking with you last weekend!” 
  • “So glad that you were off work so you could join us!”
  • “Can’t wait to go dancing with you tonight.”

Comments from friends and families on your posts can be used by the other party to support their argument that you aren’t as injured as you claim or that you aren’t injured at all. Because these comments come from people who are arguably unbiased, comments on your posts can be especially damaging. 

But My Social Media Feeds Are Private!

We understand how difficult this can be for many people. However, many people discover too late that their feeds are not as private as they thought. As mentioned above, you lose control over your content when you post it on the internet. In addition, your social media content may be discoverable and, in turn, admissible as evidence. The discoverability and use of social media as evidence present complicated legal issues that are best avoided altogether. 

Injured? Contact a San Luis Obispo Personal Injury Lawyer

Social media is a potential minefield for personal injury claims. San Luis Obispo personal injury lawyer Earl A. Conaway, III, understands how disruptive a serious injury can be, which is why he works tirelessly to get your claim resolved as quickly as possible. If you’ve been injured due to someone else’s negligence, he fights to make sure you receive fair compensation and can help you avoid the pitfalls that can undermine your claim. Call us at (805) 546-8797 or complete our online form to schedule a free consultation to discuss your case.

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