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What to Know About Social Media and Your Personal Injury Claim

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What to Know About Social Media and Your Personal Injury Claim

December 17, 2022
By Lafferty Gallagher Scott

Your smartphone can be a great help after any accident, as it will allow you to take pictures and videos of the accident scene and your injuries. However, you may also be tempted to go Live on Facebook or post a photo to Instagram. You may think this is a good way to let your friends and family members know about the accident and to receive the support you need during this difficult time. Unfortunately, this is one of the worst things you can do.

Posting to social media on its own will not hurt your personal injury claim. However, the fact that people can access those posts and use them against you can mean you do not receive the full amount of damages to which you are entitled. Below, our Ohio personal injury lawyer explains further.

How Social Media Can Hurt Your Personal Injury Claim

There are many ways your social media posts can hurt your case. Insurance adjusters, defense attorneys, negligent parties, and others may find it easy to access your social media profiles, and when they do, they will use whatever you have posted against you.

One of the ways insurance companies do this is by claiming that you have admitted fault for the accident on social media. For example, if you post, “I crashed my car,” the insurer will use that as a statement to show that you caused the accident. Or you may post, “I am sorry this even happened.” In this case, the insurer will take this as an apology – that you caused the accident and do not deserve damages.

Anyone who accesses your social media profiles may also use your pictures and posts to show that you are not as injured as you say. For example, you may reply to a comment saying that you “are fine.” You, of course, mean that while you are in a great deal of pain, you will eventually recover. The insurer, though, may use this to show that you were never injured.

Five Things to Avoid Posting to Social Media After an Accident

While it is best to try and stay off social media when your case is still ongoing, there are certain things you should never post. These include:

  • Any post that can be seen as an admission of fault
  • Any apology or showing of regret
  • Videos or photos from the accident scene
  • Any evidence, including pictures that could be used to question your claims of the extent of your injuries
  • Inciting, aggressive, or angry language that could show vindictiveness against the negligent party

Our Personal Injury Lawyers in Ohio Can Protect Your Claim

When filing a claim after an accident, there are many things that can either help or hurt your claim. At Lafferty, Gallagher & Scott, LLC, our Ohio personal injury lawyers can provide the advice you need to give you the best chance of success with your claim. Call us now or contact us online to schedule a free consultation and learn more.

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