In the wake of a personal injury, avoid social media.

If you’ve been injured in a motor vehicle accident and you’ve filed a personal injury claim, it’s more important than ever to be careful about what you post on social media. Whether it’s Facebook, Twitter, Instagram or any other social media site, whatever you post becomes permanently available—even if you later delete it from your profile. Even if you have high privacy settings on your accounts, there are still ways to access your information. Assume that whatever you post can be seen by the general public.

What’s the risk?

Attorneys and insurers will frequently examine a plaintiff’s social media accounts to patrol against fraudulent claims. If you have been injured in a car accident and have filed a lawsuit against the other driver, assume that the driver’s lawyer is using every trick in the book to find holes in your case.

Be careful what you say online about the accident. Anything that can be construed as an admission of guilt can be held against you in a court of law. In addition, be cautious about posting anything that might contradict your claim that you are experiencing pain and suffering. For example, if you claimed to suffer a back injury in a recent car accident, then it could be damaging to your case to post a video of yourself dancing at a club or a picture of you and your friends on a ski holiday.

Above all, err on the side of caution. Consider taking a break from social media altogether until your personal injury case has concluded.

 

Personal injury and civil justice attorney Brooks Cutter is a leading advocate for consumer justice and protecting the rights of the severely injured. Brooks founded Cutter Law, P.C., with offices in Sacramento and Oakland, with…
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