7 Jan. 2019

Five Biggest Social Media Mistakes Personal Injury Clients Make!

Posted By Darrigo, Diaz & Jimenez

Social media is an integral part of American life. Social networking and photo sharing platforms are so common that most people don’t think twice about “checking in” to a location or posting daily updates. However, social media posts can pose great risks for accident victims working with a personal injury lawyer.

If you have been injured in an accident and filed an insurance claim or lawsuit, it is worth betting that the responsible party’s insurance company or the defendant’s attorney will conduct an online search to find out more information about you. They will be most likely looking for information that can be used to deny your claim or downplay the seriousness of your injuries.

Although you may be active online in a variety of ways, by far the biggest online danger to most people is social media.

Everything that’s posted on social media is considered public, and even the most well-meaning remarks about a personal injury claim could potentially be used against a plaintiff by the defense. For this reason, we’ve assembled the following social media guidelines for personal injury plaintiffs currently involved in litigation.

1. Don’t discuss your case online

First off—regardless of what you plan on posting—it’s typically a good idea to ensure your personal social media accounts are set to private. This prevents outside parties from being able to easily comb through everything you publish online. However, no matter what your privacy settings, you should refrain from posting anything relating to your personal injury case. This includes meetings, doctor’s visits, and any interactions with your insurance company.

2. Don’t post updates about your injuries, treatments, or overall physical condition

Publishing updates about your injuries and treatments can potentially damage your case. Updates can be taken out of context and occasionally viewed in a way that diminishes your potential settlement. As a result, publicly discussing any facet of your treatments isn’t worth the risk.

3. Don’t publish anything related to physical activities, including traveling, while your case is ongoing

This should be a no brainer, but if you’re currently engaged in litigation surrounding a personal injury, posting pictures of a recent ski trip, hike, or other strenuous activity can be hugely damaging to your case. Even if you’re dealing with chronic pain or still suffering from serious injuries, pictures of you engaging in seemingly “healthy” activities can induce skepticism and jeopardize your case.

4. If in doubt, don’t post anything

You might be sensing a pattern here, but if you have the slightest inclination that a post could be damaging to your case, chances are you’re right. Erring on the side of caution is a good rule of thumb, and you’re not ever going to do harm to your case by simply staying silent online.

5. Counsel family members to exercise good judgment with their posts

Unfortunately, not only are you responsible for your own posts, but you’re also responsible for the posts of any family members who might tag you on their own social media accounts. Because of this, it’s prudent to caution your friends and family members to refrain from tagging you in any posts that may have a negative impact on your case.

In some instances, if a confidential settlement is reached, it can be necessary to counsel family to adhere to the agreement and refrain from posting anything that could be considered in violation of your settlement.

When it comes down to it, one careless update can have massive unintended consequences. Exercise good judgment, think before you share, and make sure you communicate the importance of wise social media usage to those around you. There’s no reason to let social media get in the way of resolving your personal injury claim.

Your Personal Injury Attorney Can Help Protect Your Personal Injury Claim

As an experienced personal injury attorney in Tampa, Board Certified Civil Trial Lawyer Nadine Diaz and her team of top-rated injury lawyers has been helping clients minimize the impact of social media on their personal injury claims for years. Indeed, speaking with an attorney immediately after your accident is the best way to learn what you should (and shouldn't) do to maximize the financial award you may be entitled.

Don't let your social media feed derail your financial recovery process. Be smart about your social postings and get better results today.

Call 813-774-3341 today to schedule a free case evaluation with our highly-experienced team.

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