News Article
3.14.2018
Why social media can negatively affect your personal injury claim
In today's world, most of us don't think twice about broadcasting our lives across various social media platforms. However, many of us do this without considering the unforeseen impact it could have in the future. This is particularly relevant if you have a pending personal injury claim. Be aware that your opponent will seek to find your social media history and it could play a major role in attempting to discredit you.

In fact, due to the sizeable role social media plays in today's society, the courts have now acknowledged this as a source of "unrivaled evidence" and unsurprisingly, such posts are frequently a detriment to a case, rather than helping it. To avoid your selfies being passed around in court, follow these simple steps to keep yourself covered.
Do not post information regarding your case
Most people assume that what they post online falls under the category of personal privacy. However, according to the courts, social media activity is a matter of public record. The most important thing to remember is to refrain from posting ANYTHING about your case or accident. This is the best possible way to ensure that nothing can be used against you. While it is natural to want to message friends and family, or tweet about your injuries, this is inadvisable. You may not yet know the extent of your injuries, and a self-diagnosis may nullify the diagnosis of your eventual injuries. For example, if you post 'Just been in a car accident, don't worry I am okay, just a little bump to the head', then later you find out that you have whiplash and need extensive physiotherapy, an adjuster may use that to support a denial of your significant medical treatment and related medical bills.
Think before you post anything
Most of us are used to showing only the very best aspects of our lives on social media. While in the process of a personal injury claim, you should refrain from posting pictures of physical activity and apparent happiness as they may undermine your claim. If insurance companies can find anything to use against you, they will, in order to decrease the amount they have to pay for the damages caused. In addition, it is advisable not to check in' to places and events as this may debunk any claim you have for emotional distress by casting doubt on your inability to live a normal life.
What to do if you have already posted something
Do not delete anything. Destruction of potential evidence can create even bigger issues, this would constitute "spoliation", which occurs when you destroy anything you know would be relevant to your case. The best thing you can do is increase the privacy settings on your social media profiles. By putting your profile on private you can limit the number of people who can see your posts, do not accept friend requests from anyone you do not know. It is not uncommon that insurance adjusters will create fictitious Facebook profiles in order to access your posts. In addition, you can also adjust your settings so that other users' posts must be approved or denied by you if you are mentioned or tagged in them. It is very important to consider every aspect of your online identity when processing a personal injury claim - more so now than ever before. Be overly careful and assume everything you post online is being viewed.

If you or a loved one have been injured, contact us for a free consultation. We will fight for the money you deserve. Call Grabb & Durando on 520-333-3333.
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