5 Ways Social Media Can Affect Your Case

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5 Ways Social Media Can Affect Your Case

In the 21st century, it is unthinkable to consider a life without online social platforms. According to a study conducted in 2014 by Pew Research Center, it was noted that 74% of adults who surf the internet are active on social sites. Although online social accounts are great platforms for airing your views and connecting with family and friends, they can also work against you when dealing with personal injury claims. Due to the heavy impact of social sites on personal injury claims, courts regularly permit adverse parties to use profiles and posts on social sites as evidence against injured plaintiffs. The following are 5 ways social media can affect your personal injury claim.

Disclosing Information About the Case


Lawyers often advice their clients not to disclose the details of their personal injury case to friends or associates as this could be used against them. Access to certain information can be detrimental to your claim. This includes knowledge of:

• your medical diagnosis and treatment,
• your frustrations with the defendant or insurance company
• the damage award you are seeking

For example, if you post your frustrations with the defendant claiming that you won’t accept a settlement because you want them to suffer for injuring you, such information can be used to discredit your request for trial.


Posting Photos and Videos


Photos of you engaging in hiking or sporting activities when you are pursuing a claim for serious physical injuries can be damning to your case. Being tagged in photos or videos of you enjoying yourself at private parties or events can cast suspicion on your claims for pain and suffering, emotional distress, or loss of enjoyment of life. Consider the example of a 2011 case of a New York woman, who alleged that she had fallen from a defective chair and sustained permanent injuries and loss of enjoyment of life. The defense requested for access to the claimant’s Face book profile and found photos and posts proofing that she was traveling and involved in activities that were not consistent with her claim for damages.


Private Messages


Many people think that only public posts on social media can be used to ruin their personal injury claims. Private messages and posts can also be accessed during a personal injury case. However, these posts can only be viewed through a subpoena or warrant, which are easy to obtain. Therefore, if you have made declarations on private posts about your personal injuries and such information contradicts the assertions of your claim, you are likely to lose your claim of damages.


Avoid New Friend Requests


Though we do our best to ensure you get the compensation you deserve, accepting new friend requests and connections in the course of your case can work against you. In many personal injury cases, insurance companies, or the defense lawyer, may use active social media fans to request for a connection with you. This way, they can be able to access personal information such as your photos or any other evidence that can be used to discredit your claims for compensation.


Internet Tracking Applications


Insurance adjusters are known to use surveillance tactics to investigate personal injury claims. For social media fans, internet tracking applications may be used to monitor their whereabouts. If, for example, you claimed to be at a certain location during the accident and the tracking application places you somewhere different, such evidence can totally ruin your damage claim.

In this techno savvy world, there is hardly any information that does not pass through social media. While social sites provide entertainment and allow a person to connect with their loved ones, they can also work against one’s personal injury claim. Public posts, photos, private messages, friend requests, and internet tracking applications, are some of the means that your participation on social sites can ruin your personal injury law suit.

Gatti, Keltner, Bienvenu & Montesi, PLC
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Memphis, TN 38103
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