Can social media really affect your personal injury claim? Yes and here's how. - Morefield Speicher Bachman, LC

Can social media really affect your personal injury claim? Yes and here’s how.

February 13, 2018

Can social media really affect your personal injury claim? Yes and here’s how.

How often do you post on social media? Many of us post weekly or even daily, if not multiple times a day. You may want to rethink social media and maybe even take a break from posting if you have a personal injury case pending. Seemingly innocuous, innocent posts can actually weaken your personal injury case. Here are three ways posting on social media could affect your case.

1.       Your posts could be used to claim you have exaggerated your pain and suffering.

Defense lawyers will be looking for ways to diminish your pain and suffering. A simple post such as “Had an awesome day today!” could be used against you to claim that life isn’t actually as bad as you claim. Another example is if you have a back injury and post something about doing yard work or going for a run – defense attorneys can turn this into a claim that your back must really not hurt. We all know that sometimes you have to push through the pain to get chores and jobs done and you may pay for that with severe pain the next day.  But, you don’t want to open the door for defense attorneys twist the words of your post to diminish your injuries and your pain and suffering.

2.       Negative posts about the defendants can actually harm your case.

We know that in today’s world, people are quick to judge. It may seem counterintuitive, but if you are suing a corporation and post something negative about them, that could result in people labeling you as someone who is quick to sue. The defense could also claim your basis for suing has less to do with being injured and more to do with being angry and resentful towards the defendants. It’s natural to feel anger towards a person or a company that injures you; just make sure you express those feelings privately and not on the internet.

3.       Even posting about your injuries could open the door to legal defenses.

You may have a solid grasp of your injuries but chances are, you can’t describe it in adequate detail like a doctor can. By posting comments about your injuries on social media, you could unknowingly diminish your claim by not accurately describing the injury or by leaving out a detail that would be important to a doctor. If your description doesn’t match up exactly with your legal claim, the defense will use your own words to refute your legal claims. Leave it up to the attorneys and doctors to paint the picture of your injuries and how it negatively impacts your life.

If you’ve been injured or are involved in a personal injury case, make sure you consult with a knowledgeable attorney who can guide you on issues such as social media posts to ensure you don’t unintentionally hurt your own claim.

Personal Injury, Uncategorized