You suffered from medical negligence, experienced a slip and fall injury, or were otherwise injured due to no fault of your own. The first thing you may want to do is whip out your phone and detail the entire ordeal on social media. Or maybe you’re recovering from the accident and managed to make it on a short hike with friends despite the pain. You post a picture, smiling, once you reach the peak.
All of this, unfortunately, could negatively impact your personal injury case. After you’ve decided on a personal injury firm in Atlanta, chosen the best personal injury lawyer you can find, and are awaiting the finalization of your case, hold off on Twitter, Instagram, and Facebook for a while. Our blog today will tell you how social media can impact your personal injury case, and you’re always more than welcome to meet with a personal injury lawyer at The Fairell Firm in Atlanta. We’re eager to help you get back on your feet (literally and figuratively) if you’ve suffered a personal injury, and social media plays a bigger role than you may imagine.
Social Media Posts Can Negatively Impact Your Physical Injury Claim
When you work with The Fairell Firm or any other personal injury firm in Atlanta, your lawyer will be on your side and will do everything possible to defend you. However, the defense will be doing the exact same thing — against you. They’ll use all the resources they can to prove your physical injury isn’t as bad or impactful as you claim. Social media can often be used to prove this.
When you file a personal injury claim, you’re likely seeking compensation for any expenses associated with the injury (i.e. the hospital stay, etc.) and/or compensation for noneconomic damages (i.e. anxiety, depression, etc.) that are a direct result of the injury. Perhaps you had a slip and fall accident that resulted in a broken leg, you had a concussion, soft tissue injury, or traumatic brain injury as the result of medical negligence. The physical injuries may be truly painful and debilitating.
However, your social media may not reflect that accurately.
For example, let’s say you’re seeking damages from chronic pain, loss of mobility, and an inability to enjoy something you once loved, such as hiking, as a result. You battled through the depression and pain for one afternoon in the mountains with your friends and posted a photo on Instagram.
The defense is going to search your social media for anything that could support their case. This photo of you, smiling with friends and hiking, shows you’re actually fine and that no compensation is necessary.
Social Media Posts Can Negatively Impact Your Emotional Distress Claim
This works similarly to physical injury claims. Emotional distress is common after an injury, and our personal injury firm recognizes this. Again, though, the defendant will try to downplay or completely negate the effects of your emotional pain.
Surprising factors of your social media can impact your claim. They could use how many likes you receive on a photo, how many people wish you happy birthday, or how many friends you have on social media to prove that you’re supported and loved by others and that, therefore, the emotional distress is not more than you can handle.
What You Should Do
Are red flags going off? You might think your information is safe, but anything posted on social media is fair game. If you posted it online, then it’s considered public record.
Your first step should be to change all of your social media accounts to private and to not accept friend or follow requests while resolving your personal injury claim. Even better than that, though, is to temporarily suspend your social media accounts. Sure, you may miss being able to easily keep in touch with friends and family, but it could secure you a better final decision in court.
Clearly, it’s not possible to post things that you think may not be related to or impact your case at all. The defense will use anything they can find against you. Be sure to tell your friends and family to not post anything pertaining to your case as well.
Ready to meet with a personal injury firm? Contact The Fairell Firm in Atlanta today for help with your accident claim.