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How Social Media Can Affect a Personal Injury Claim

If you are in the middle of filing your personal injury claim, then you should be aware of how your social media accounts can influence and affect the outcome of your claim. Social media platforms like Facebook, Instagram, Twitter, Snapchat, and LinkedIn are growing and amassing an even bigger following than before.

With this steady rise in social media use, certain precautions need to be taken when using these platforms  especially if you have filed any kind of personal injury claim. The content of your social media page can consequently hurt your case, and that doesn’t just mean because of things you post yourself. Your family and friends and their comments and tags may also prove to be detrimental.

Admissible Evidence

In Florida, “all relevant evidence is admissible except as provided by law.” This can be found under the 2019 Florida Statutes in Chapter 90, Evidence Code under Title VII. Social media may be used to prove a material fact. These facts include any injuries that may have been sustained due to an auto accident.

So, if an image or post is found on social media, and it shows its relevance to the claim you have filed, the defense will then be allowed to use that evidence against you.

Skirting Your Injury Claim

One of the biggest objectives of the other attorneys in litigation is to skirt or diminish your claim as much as possible. They do this to alleviate some, if not all, the liability of the defendant in connection with the personal injury claim.

To do this, they will be diligent and look for any and all evidence that may exist to help disprove your personal injury claim. They will look through your social media posts, look at recent images you may have posted, location check-ins, selfies, status changes, posts you have been tagged in, tagged images, and even updates you may be posting about your current employment.

While you feel that your social media accounts are a way to stay in touch with family and friends “privately,” your privacy isn’t actually protected, and this information can ultimately be used against you when it comes to your personal injury claim and the auto accident.

Social Media and Damages

If you are claiming to have suffered from past damages as well as future damages because of the negligence of another, these damages may include bodily injury, pain and suffering, disability, the loss of work, physical impairment, and more.

You may even be seeking compensation for past and future medical expenses relating to the injury and accident, as well.

All economic and non-economic damages are more widely known as compensatory damages. To receive these damages, the harm must be legally recognized, which means the defense attorney is going to look for any evidence to disprove your claims. In doing so, they can significantly diminish your claim and the damages you may be rewarded.

Finding Representation

Personal injury claims can become tricky to navigate and can become more and more complicated as social media is looked at thoroughly by the defense attorneys.

It may be in your best interest to adjust your social media settings to make all of your accounts private rather than public. This also means that you have to accept a friend request yourself before they are allowed to see anything on your profile.

You should also be aware of the people that may be looking at your profiles. If you don’t know someone personally, then it is not recommended that you accept any friend requests from them.

For more information and help with your personal injury claim because of an auto accident, don’t forget to consult with the professionals, so you have a better chance at winning the compensation you deserve following your injuries.

During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

How Social Media Can Affect a Personal Injury Claim

Goldman Babboni Fernandez
Murphy & Walsh

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