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Can the Use of Social Media Affect my Personal Injury Case?

Can the Use of Social Media Affect my Personal Injury Case?

Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP -

Using social media is part of many people’s everyday routine. The impulse to photograph, post, and tweet even the most mundane details of our lives is a behavior that has become ingrained in modern culture. If you are a regular social media user, you are probably especially inclined to share something that is out of the ordinary.

Sustaining an injury that is caused by a defective product, car accident, slip and fall incident, or other event is certainly an instance that is out of the ordinary. In the aftermath of an accident, you may be tempted to post about what happened or indirectly berate the person who was responsible for your injuries — you must fight this impulse and avoid using social media after an accident. Of course, observing the posts of others is okay, but you should not be active on your own profiles if you want to successfully recover compensation in a personal injury case.

During a personal injury case, the defendant’s legal team (and insurance provider, if applicable) will be looking for any excuse to belittle your claim and avoid paying you. They can easily cite your social media posts as a reason to deny your claim, especially if your posts contain details about the case that can be misconstrued.

What about posting things that aren’t related to your case? As harmless as this may seem, even a casual funny tweet can impact your claim. It is entirely possible that the defendant’s team will use your posts as evidence that you are not suffering from your injuries as much as you claim to be.

When it comes to social media and a personal injury case, it’s better to be safe than sorry. Although someone using a picture of your dog on Instagram as a reason to deny your right to compensation may seem farfetched, it can happen. After an accident, be smart and focus on recovery — your followers can wait.

Contact Silbowitz, Garafola, Silbowitz, Schatz & Frederick, LLP to schedule a free consultation with our lawyers — send us a message or call (646) 681-7055 to reach our firm.

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