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Social Media Can Cause You to Lose Your Personal Injury Claim

January 10, 2020 by The Parrish Law Firm

In the modern day, social media can act like our personal safe space to engage with family and friends instantaneously. As a society when we find interesting articles, need to vent about work or have birthday photos to share, we take to Instagram, Twitter or Facebook. Our online profiles are our public diaries, and we are meticulously documenting every moment. It’s the new normal. However, what many people don’t realize is that when this venting turns into discussing an open insurance claim, the wrong status update or post can mean you may have just lost out on the damages you are owed. 

Social Media Privacy

Privacy on the internet is a misnomer. Privacy disclaimers and settings provide us a sense of safety that does not actually exist. When you post on your social media platforms, insurance investigators can almost always gain access to this information. If they’re unable, they can file a subpoena with the court to gain access.

A well known case within the injury law circle is the slip and fall case of Nucci v. Target. In this case Nucci filed a personal injury claim against Target Corp after a slip and fall incident. Target Corp requested photographs posted before and after the date of the claim, and the judge granted Target their request.

Why? Simple — the information contained in those photos was vital to the case and was also more important than the plaintiff, Nucci’s, privacy. Long story short, anything you post on the internet can potentially be used against you in the court of law. 

Social Media Creates An Illusion

The other issue is that your social media tends to be fueled with photos and posts about the amazing life you lead. As you can imagine, these types of posts can be very damaging to your case if they fall into the wrong hands. This depiction of your life can lead a jury or judge to feel that your case is invalid and before you know it, you’ve lost thanks to the video of you dancing at a concert just days after your personal injury incident. 

Imagine a scenario where you get into a car accident and post on Facebook informing your friends and family of the incident. Following your post you get dozens of inquiries asking if you are okay and safe. You decide to innocently and unknowingly post “I’m fine!”. Well…that may be all the big bad insurance company’s defense lawyers need to win their case. 

Our Recommendation

If you are involved in a personal injury incident, avoid social media or even texting about it with friends for that matter. While it is difficult for texts to be admitted into a case as evidence, it can happen and has happened many times before.

Avoiding social media or even disabling it temporarily is the best way to ensure that insurance companies won’t use evidence found on your digital footprint as a means to beating you in court. Basically, what we’re saying here is: just don’t do it. 

If you or a loved one has been involved in a car accident or personal injury incidence, you need a lawyer that will fight tooth and nail for the compensation you rightfully deserve. We know it takes a lot of confidence to trust us to go to court on your behalf, which is why we don’t take the responsibility lightly. Contact the Parrish Law Firm, PLLC today to schedule a FREE consultation at (571) 229 – 1800 or here. 

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