If you are injured in a personal injury accident, your first response should be to call for medical help. But, your second instinct may very well be to post about your injury on social media. We live in a society in which we use social media to keep our friends and family in the loop of all aspects of our lives, both good and bad. While it can be tempting to discuss your injury on social media, it is important that you do not so. Posting about an accident while filing a personal injury claim can severely impact your case. Read on to learn more about how you should handle social media in the event of an injury.
Why Not Post?
As soon as you file a personal injury claim, your social media may become subject to speculation by insurance agents and defense attorneys. The party you are suing will attempt to prove that the injury was not their fault, or not as severe as you say, and they may use your social media to argue their point.
What Can I Post?
Ideally, you will refrain from posting on social media at all, until your case is resolved. If you do continue posting, make sure that you do not discuss the accident or injury. Doing this can hurt your case in a multitude of ways. It is a good idea to set your account to private. Do not accept any new followers for the duration of the case, as this may be someone from the defense attempting to gain access to your information. But, remember, a private account doesn’t mean a defense attorney cannot access your information. The defense can likely access your content, even deleted posts sometimes. Additionally, you should not post any photos of yourself or your injury. If you claim to have sustained a back injury, and then you post a photo of yourself out with friends, or even a post simply mentioning going out with friends, the defense may try to claim that you are not as injured as you say. You should also avoid posting too much. Emotional suffering is a large aspect of a personal injury trial, so if you seem to be totally unaffected on social media, you may hurt your case in the emotional aspect as well. Finally, you should warn your friends and family to refrain from posting and tagging any photos of you.
If you have any questions regarding the dos and don’ts of posting on social media after a personal injury accident, contact us today.
Contact our Firm
If you or a family member have been injured in a car accident, contact Lloyd J. Eisenberg & Associates today.