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Can Social Media Hurt My Personal Injury Claim?

Social media is an undeniable part of almost everyone’s lives these days, and with a variety of networks available, it is easy to share many details of your personal and professional lives with the world. While some people have strict privacy settings, others keep their social media as an open book, especially those working as influencers or in marketing, etc.

However, what happens when you get into an accident and you are making a claim for damages as a result of injuries sustained? You may not necessarily realize it, but the insurance company and defense attorney are likely to be monitoring your social media posts rather closely.

While it is easy to make the argument that most of what you see on social media is fake anyway, undermining your case and credibility is not worth it for the perfect photo post. That social media post is only a snapshot of your life, but it can come back to haunt you during litigation and the negotiations phase of a personal injury claim.

Do I Need to Shut Down My Social Media?

You do not need to shut down your social media, but you should be extremely cautious of what you post. Some things to keep in mind:

  • Do not post a status or talk about your pending injury claim on social media
  • Keep the status of your injuries or diagnosis private
  • Do not post about any conversations you have with the insurance company or your own attorney

While your claim is pending, be extra cautious on whom you accept as a friend online. It would be smart to increase your privacy settings, as well. If you must post something, post so only your close friends and/or family can see it. You can always change your settings once the claim is resolved. Also, consider asking friends and family not to tag you in anything, or change your settings so you must manually review all tags.

What are Examples of Posts that Could be Used Against Me?

Monitoring social media posts is especially common in serious injury claims, especially when your doctor might take you off work or recommend surgery. In the past, many insurance companies employed investigators who would do surveillance in workers’ compensation and personal injury claims. Since the rise of social media, it has become even easier for the defense to find information in an attempt to discredit you.

  • If your doctor put you on bed rest and you are photographed looking healthy at a party with friends
  • If you claim you are in so much pain that you can not work, but there is video of you on a weekend road trip
  • A friend posts an old photo of you from before the accident, but there is no proof of when it was actually taken, which the defense can use to discredit the severity of your current injuries

Retaining a Personal Injury Attorney in Maryland

If you have been in an accident, it is important to retain a skilled Maryland personal injury attorney right from the start. The attorneys at the Law Office of Robert R. Castro have years of experience helping claimants get the compensation they deserve. Contact us today to schedule a consultation.

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