With 70% of Americans on social media and millions of posts being posted per day, the average person may not think that what they post matters. However, that is not the case when it comes to a personal injury claim. Any personal injury attorney will advise you to use caution when posting to social media, if not avoid it all together. Believe it or not, no matter the size of your follower base, what you post can affect the outcome of your personal injury claim.
Anything that you post publicly to social media or to the Internet is public record. You’ve heard the stories about people being turned down for a job or getting fired over a social media post. Similarly, a post on social media can be used as evidence to back up your claim or can just as easily be used against you. What about those DMs on social media though? Any private messages or DMs (direct messages) cannot be accessed without consent or a warrant.
The average user is active on 7 social media platforms. With the ever-changing social media network and evolution, there are many ways contradicting posts can be displayed. First and foremost, any statements in your status you make that contradict your claim can be used against you. In addition to statements, photo and video content are becoming more prevalent and can be used against you as well. Even the small details, such as updating your location can potentially contradict your condition.
In addition to what you post from your personal profile or account, the actions of your friends or followers can also affect your claim. If they comment on a post of yours or tag you in a post from their account that could be contradictory to your injuries, that too can be used against your claim. Take caution and communicate to those you are connected with on social media your situation.
As previously stated, pretty much any personal injury attorney out there will advise their client to use caution when posting to social media or avoid it all together until the claim is resolved. If you feel confident that you can be active on social media without posting anything that might affect your claim, go for it! There’s no ban on social media when you are undergoing a personal injury claim. However, if you know you have the tendency to post often and could potentially post something that isn’t an accurate representation of your condition, it might be best to temporarily avoid social media all together. Whatever you decide, do what’s best for you and your claim.
Have you been injured due to the negligence of another party? Contact one of our experienced personal injury attorneys today at The Cochran Firm of New York. For your free consultation, contact us today at 1-800-THE-FIRM.
July 12, 2022
May 6, 2022
