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Avoid Posting on Social Media After Your Accident

Denning Law Firm, LLC Feb. 5, 2024

Picture this: you've been involved in an accident. It's a traumatic experience, and naturally, you want to reach out to your friends and family for support. So, you decide to post about it on social media. It seems innocent enough, right? Unfortunately, it's not that simple. What many people don't realize is that their social media posts can have significant implications on their personal injury claim. At Denning Law Firm, LLC, we've seen how these posts can be used against our clients by insurance companies and defense attorneys, and we want to help you avoid these pitfalls. 

When you're involved in a personal injury case, it's crucial to remember that anything you say or do can be used as evidence. This includes your social media posts. Even if your account is set to private, there's no guarantee that your posts won't find their way into the hands of the opposing party. They could potentially use your posts to argue that your injuries aren't as severe as you claim or that you were partially at fault for the accident. This could result in a reduced settlement or even a complete dismissal of your case. 

The Impact of Social Media Posts on Your Personal Injury Claim

Let's delve a bit deeper into how exactly your social media activity can harm your personal injury claim. Suppose you've been injured in a car accident and you're claiming damages for your physical injuries and emotional distress. You've told the court that you're unable to participate in certain activities due to your injuries and that you're suffering from depression and anxiety as a result of the accident. But then, you post a photo of yourself at a party, smiling and seemingly having a good time. The defense could use this photo to argue that you're not as injured or distressed as you claim to be. 

Similarly, if you post about the details of the accident, these posts could be used against you. For instance, if you mention that you were speeding at the time of the accident, this could be used as evidence of your negligence. Even seemingly innocent posts, like a status update about going to the gym, could be twisted to suggest that you're not as injured as you claim to be. The bottom line is, if you're involved in a personal injury case, it's best to stay off social media altogether until your case is resolved. 

In addition to photos and posts, comments made by friends or family members on your social media can also be used against you. For example, if someone comments on your party photo saying how great it is to see you having fun again, the defense could argue that your injuries are not as severe as you've claimed. Likewise, if a friend comments on your gym status update saying how impressive it is that you're back to your regular workout routine, it could undermine your claims of physical limitations. 

How to Protect Your Personal Injury Claim From Social Media Pitfalls

So, what can you do to protect your personal injury claim from the potential pitfalls of social media? The first and most obvious step is to refrain from posting about the accident or your injuries. This includes posts about your medical treatment, your physical condition, any legal proceedings, or conversations with your lawyer, insurance company, or anyone else involved in the case. It's also a good idea to avoid posting photos or updates that could be interpreted as proof that your injuries aren't as severe as you claim. 

By avoiding social media during your personal injury case, you can protect yourself from potentially damaging your claim. It's best to focus on your recovery and let your attorney handle the legal aspects of your case. Once your case is resolved, you can resume using social media without the risk of jeopardizing your claim. 

Additionally, we strongly advise that you review your privacy settings and make sure that your accounts are set to private. However, keep in mind that this doesn't guarantee that your posts won't be seen by the opposing party. They could still potentially gain access to your posts through mutual friends or other means. Therefore, the safest course of action is to simply refrain from posting on social media until your case is resolved.  

Reach Out For Legal Counsel

At Denning Law Firm, LLC, we deeply empathize with how overwhelming and difficult it can be to cope with the aftermath of a traumatic experience such as an accident. We understand the emotional and physical toll it takes on individuals and their loved ones. Rest assured, our dedicated team is here to offer clients in Missouri and Kansas not only experienced guidance and representation, but also a compassionate and supportive approach throughout the entire process. We are committed to going above and beyond to help you overcome these challenges and ensure that you receive the rightful compensation you deserve for your pain, suffering, and losses.