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Avoiding Social Media After an Injury

Social media has now become a staple in our everyday lives. From the moment we wake up to just before we fall asleep, we use various platforms (e.g. Facebook, Twitter, Instagram, etc.) to stay connected to family and friends, keep updated with current events, and share our thoughts and experiences with the world.

Our lives are essentially out there for everyone to see. Although this may not be an issue, social media activity can actually be significantly harmful if you are involved in a personal injury case.

Insurance companies monitor social media sites. So if you file a claim, there is a good chance that a representative of the insurer or the opposing party will thoroughly search your social media accounts.

The Texas Court system provides information about subpoena compliance for social media in the Lone Star State. Additionally, the main federal law concerning the discovery of information in social media accounts can be found in the Stored Communications Act.

The following are several ways your social media posts can harm your personal injury case:

  • Information about your activities can be used to claim you are not injured – If you share photos of your vacation or enjoying a favorite hobby, these posts might be used as evidence that your injuries are not as serious as you claim—even if you were only resting for most of the vacation or gritting your teeth participating in a leisure activity.
  • Posting excessively can make it seem like you are not suffering from emotional distress – If are constantly posting and communicating with friends like nothing serious has happened, an insurance company may try to argue that the accident did not affect you as much as you claim, which could result in the denial or reduction of your settlement.
  • Comments about the accident could result in an admission of fault – If your friends ask about the accident on social media, you may reveal details about the accident that can be interpreted by insurers and opposing lawyers to imply an admission of fault, despite not causing the accident in the first place. For example, saying “He came out of nowhere!” could imply that you weren’t paying attention to your surrounding prior to a car crash.
  • Revealing confidential information – When you share anything—including your case—on social media, it automatically becomes available to the public. Any confidentiality protections, such as those you have when you speak with your lawyer, no longer apply.

With so many potential “pitfalls” and “traps,” you need to be cautious of your social media activity. Do not post anything about your accident, the damage to your vehicle, or your injuries. Avoid sharing information about missed work or your finances.

Refrain from posting anything about your daily activates until your claim is resolved. However, do not delete your social media accounts since this could be conveyed as destruction of evidence.

If you want to share the legal and recovery process with your friends and family members, only update them privately. Furthermore, warn them not to mention anything online.

For more information, contact Dean Law Firm and request a free consultation with our Midland personal injury lawyer today.