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Social Media Risks With Personal Injury Cases

While various social media entities have created whole new ways for people to communicate and share their lives, there are some potentially significant downsides to improper usage of these sites in certain situations. One great example: Within a personal injury case, where improper care with social media posts during your case may have an adverse effect on your results.

At the offices of William Rawlings & Associates, we're proud to assist clients around Salt Lake City, Provo, Draper and nearby parts of Utah with all their personal injury claim needs, whether you're filing for a car accident claim or one of numerous other types like dog bite claims, child injuries and more. We regularly advise clients on care with social media posts following any kind of injury or accident where they're making a claim, helping ensure they do not damage their case accidentally. Here are some basics on why social media posts about your injury can be risky, plus some best practices on how to behave in the social sphere during a personal injury claim.

social media risks personal injury

Process of Discovery

To help understand why you need to be careful with social media posts about your injury, it's important to first understand the process of discovery in a personal injury case. During this process, both sides will gather evidence and information from each other to build their case. This includes requesting documents, conducting depositions, and more.

And as you may have guessed already, social media posts can be used as evidence during this process. This means that any careless or inappropriate posts you make about your injury on social media can end up being used against you in court. This can have a major impact on the outcome of your case and potentially limit the compensation you receive.

Types of Posts to Avoid

So what types of posts should you avoid during a personal injury case? Here are some examples:

  • Posts directly referencing your injuries: This includes posts about your pain levels, recovery progress, or medical appointments related to your injuries. These can be used to argue that you are not as injured as you claim.
  • Posts contradicting your injury claims: For example, if you post about participating in activities that would be difficult with the injuries you claim to have, this could weaken your case.
  • Posts showing emotional distress: While it's understandable to experience emotional distress after an injury, posting about it on social media can be used to argue that your injuries are not the cause of this distress.

Best Practices for Social Media During a Personal Injury Claim

To protect your personal injury claim and avoid any potential negative impacts from social media posts, here are some best practices to follow:

  • Limit your social media activity: During the process of discovery and any legal proceedings, it's generally best to limit your social media use as much as possible.
  • Do not discuss your injury or claim on social media: It may be tempting to vent about your situation online, but this can only harm your case. Avoid posting anything related to your injury or claim.
  • If you must use social media, be cautious: If you do choose to continue using social media during your claim, make sure to think carefully before posting anything. Ask yourself if the post could potentially harm your case in any way.
  • Talk to your attorney: Finally, it's always best to consult with your personal injury attorney before making any decisions regarding social media posts during your case. They can provide specific advice tailored to your situation and help you navigate this potentially tricky area.

Don't Delete Old Posts

One important facet of proper social media usage during a personal injury claim is to not delete any old posts that may be used as evidence. This can actually be seen as tampering with evidence and could harm your case even further.

Furthermore, it's easier for computer experts to retrieve deleted posts than you may think. Instead, follow the best practices mentioned above and refrain from posting anything that could damage your case in the first place.

Posting About Settlements

Many personal injury cases end with a settlement between the parties involved. It's important to note that any discussion or posts about your settlement on social media can also have negative consequences. For example, if you post about receiving a large settlement and then shortly after purchase an expensive item, this could be used to argue that you were not truly injured and did not need as much compensation.

In fact, there may be specific limitations or restrictions on what you can say or post about your settlement depending on the terms of the agreement. Always consult with your attorney before making any public statements.

In short, social media usage during a personal injury case should be approached with caution and care. Any posts related to your injury or claim could potentially harm your case and limit the compensation you receive. It's always best to consult with your attorney and limit or refrain from social media use during this time.

At the offices of William Rawlings & Associates, our experienced personal injury attorneys are here to guide you through the process and help ensure you receive the maximum compensation for your injuries. Contact us today for a free consultation for legal needs around SLC, Provo, Draper or any nearby part of Utah.

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