Posting major events in life has become second nature for people. Because of this, you or someone close to you may feel the impulse to post about an injury you have experienced. But it is important to know that if you share anything about your accident online, you may put yourself at risk of hurting your chances in your personal injury case.
When you are involved in any legal claim, you should be very careful about posting anything on social media. Even if you don’t think the content is related to your accident, here are a few reasons why you should use caution.
How Social Media Can Affect a Personal Injury Claim
When you are involved in a personal injury claim, it is probable that the defendant’s attorney or an insurance representative will look closely at any online activity related to your case. They will be looking for any differences between the arguments you put forward in your claim and the information you have provided online. Any conflicts they find might turn into evidence they can use against your claim.
As difficult as it may be, it is advisable to avoid posting on social media at all while you are engaged in the claims process. This will ensure that your activity will not be used against you.
Assume Everything You Post Is Public
You may feel as though your strict privacy settings will keep anything you share from becoming public. However, it is entirely possible that those outside your direct circle of friends will be able to see anything you post, as well as anything someone you know may have tagged you in.
Furthermore, a court has the power to grant the defense access to your accounts if they deem it necessary.
Don’t Post Anything Right After Your Accident
Taking pictures of the accident scene is a great idea in order to record evidence for your claim. However, posting a picture of anything to do with your accident can prompt questions and comments from people you know. If you respond that you are actually fine while you are still in shock, you may find that you require medical treatment at a later point.
Yet while it is common to have symptoms that only present sometime after the adrenaline from the accident wears off, the contradiction that a defense team sees between your online statements and the substance of the claim you are making can have a damaging effect on your claim for compensation.
Ask Friends and Family to Stay Quiet Too
Even if you have no intention of sharing anything about your injury online, you should still be vigilant about the posts that people you know might share. If someone asks a family member how your recovery is going, for example, their response might put your claim in jeopardy.
For this reason, it is important that you request social media silence from those you know when it comes to anything associated with you and your injury. Ask them not to mention you, tag you, or post any photos or videos of you before your case has been resolved.
Seek Support in Private Spaces
Many people use social media frequently as a way of getting emotional support from people they know. However, venting your anger in an online forum can allow the defense attorneys to call your character into question.
It is important to get emotional support when you have been hurt in an accident but be sure to do so in a way that is discreet.
If it becomes necessary to make a statement about your incident, it will be best left for your attorney to do so on your behalf.
Contact an Experienced New Jersey Personal Injury Attorney
If you have suffered an injury due to another party’s negligence or recklessness, you may be entitled to financial compensation for your medical expenses, lost income, and physical and psychological pain and suffering. Refraining from sharing on social media is an important way to improve your chances of receiving full and fair compensation.
If you have already shared information about your accident online, all is not lost. The skilled personal injury attorneys at Brach Eichler Injury Lawyers have the experience and knowledge to help you recover the compensation you deserve.
Whether or not you have spoken about your injuries on social media, you deserve justice for the injuries you sustained in an accident through no fault of your own. Speak to one of our New Jersey personal injury attorneys for a free consultation, and we will talk you through your legal options. Call (973) 364-8300 today.
Written by: Brach Eichler Injury Lawyers Last Updated : March 21, 2023