Social Media and Your Personal Injury Claim

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There are many ways in which a personal injury can happen including motor vehicle accidents, environmental accidents, work related accidents and various forms of negligence. With each of these incidents or injuries, the claimant is alleging some form of physical injury, emotional disability, inability to perform their intended job, loss of daily living capabilities, and a host of other types of losses that affect their ability to live their lives as they did prior to the accident at hand.


As a result, claims are made against the alleged perpetrator in an attempt to assign blame for the injured parties losses. The injured party is looking to collect damages to assist in returning them to their whole self. However, these claims can be harmed or easily dismissed based upon evidence that the alleged injury is not truly causing the claimed disability or loss of functioning.


Such evidence can be garnered by insurance companies and defense attorneys by scouring social media pages, twitter accounts and Instagram postings. If you have a pending personal injury claim, it is imperative that you do not post any of the following on social media.


  • Any participation in an activity that directly disputes your claimed level of physical loss
  • An activity that would clearly dispute your level of perceived pain
  • Pictures or statements pertaining to your activities of daily living that directly dispute your claim
  • References to the locations you will be frequenting
  • Admitting liability to anyone, even on social media pages that you believe can only be accessed by family and friends
  • Videos of you participating in sporting events or other strenuous activities
  • Sharing any information regarding your attorney’s advice, strategies or legal positions


Whenever evidence such as this is distributed via social media, the information is easily gathered by those looking to defend against your claim or dispute your injuries. Any form of pictures or video showing a lesser degree of injury, is almost impossible to refute. In addition, be cautious of posting such activities with the intent to take it down after a short period of time. In this age of advanced technology, no posted media is ever truly gone.


With regard to posting your current or intended locations, again, we advise against disseminating such information. This type of information makes it easy for a private investigator to follow you, or wait for you, at a particular location. By being able to easily track your whereabouts and activities, an investigator can testify to firsthand knowledge of your activities and also authenticate film of the same. Such statements and video can be readily introduced into evidence and severely damage your claim.


Also, great care should be taken when putting information about your claim in writing either by Facebook post, Instagram or Twitter statements. These statements can be construed as statements against your own interests and easily be admitted into evidence.


Finally, it is imperative that you do not disclose any information pertaining to your relationship with your attorney. All communication between yourself and your attorney should remain completely confidential. You should never disclose over social media your attorney’s intended strategies for your case, the advice they have given you or their legal positions.


Even if your case did not get dismissed as a result of sharing damaging information via social media, it is possible that your damages could be significantly reduced. Damages are premised on a loss of capacity and if your social media postings show that you have not suffered the loss you claim; your recovery will be impeded.


If you are involved in a personal injury claim it is imperative you speak with your attorney regarding what is advisable to post on any form of social media. It is highly likely you will be told that it is unsafe and unwise to post any information that discusses or pictures your current physical state that could, in any way, be construed against your case.


For more information on the effects of social media on your personal injury claim please contact the law offices of of Owen Hodge Lawyers. At Owen Hodge, we are always happy to assist clients in understanding the full ramifications of any and all of your legal needs. Please feel free to call us at your earliest convenience to schedule a consultation at 1800 770 780.


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