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Social Media Might Hurt Your Personal Injury Claim

For most of us, social media has become such an integral part of our lives that we post personal information online without giving a second thought to the consequences. People have become aware of the dangers connected with revealing too much information on such sites as Facebook and Instagram. But if you’re a plaintiff in a personal injury lawsuit, even seemingly innocent posts can harm you. One misleading image or statement could be the difference between the substantial recovery you deserve and a result that fails to provide adequate compensation.

If you’ve been hurt due to someone else’s negligence and are seeking relief through litigation, social media can impact your case in several ways by undermining your arguments relating to:

  • Physical condition — Where defense lawyers and insurance companies used to have to engage in expensive surveillance to learn anything about a plaintiff’s actual physical condition, key information now is often easily accessible for free. Anything that shows someone engaging in significant physical activity, such as sports, working out or even dancing, could cast doubt the merits of a personal injury action.
  • Emotional distress — Many personal injury suits seek damages for emotional distress or loss of enjoyment caused by the incident at issue. Even in the most meritorious of such claims could be threatened by a smiling photo online or a video of the victim having fun with friends.
  • Ability to work — If you’re alleging you’ve suffered an injury that prevents you from going to work, defendants and their attorneys might scour your social media accounts for a reference that disproves that claim. Talking about a job-related issue or after-work plans could prevent you from collecting reimbursement for lost wages.

Working with an experienced personal injury attorney will help you understand each aspect of your case, including how social media posts and surveillance might be used against you. It can help you make choices that improve your chances for obtaining a favorable result in your case, whether the best option is to change your privacy settings or avoid sharing any information online.

Marcari, Russotto, Spencer & Balaban advises plaintiffs in a full range of personal injury matters. To make an appointment for a free initial consultation, please call (888) 351-1038 or contact us online. We have offices in the Carolinas and Virginia.

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