How Social Media Can Affect Your Personal Injury Claim
January 25, 2018 | By Colombo Law
Social media plays a role in most of our lives. It has such an influence on us that it has begun to impact our daily decision-making process’. From shopping, travel destinations, relationships, politics, and education, social media plays a major role in all of them. In fact, nowadays we see employers and colleges looking through people’s social media accounts and rescinding job offers and acceptances.
Social media is so prominent that legal ramifications are present for situations of stalking, cyberbullying, and harassment. In recent cases, we have even seen people posting their crimes on Facebook Live for their followers to see.
In instances where you have been in an accident that has caused you harm, you may choose to seek a car accident lawyer to assist you in your case. Something that the personal injury lawyers at Colombo Law always remind our clients is that the things you post on social media can have a tremendous impact on the outcome of your personal injury case.
Below are a few examples of how the use of social media can affect your personal injury claim:
Your Posts Can Be Used Against You
The point of seeking the help of a personal injury lawyer after an accident is so you can have a chance at recovering compensation for the damages you sustain. Opposing you will be an Ohio defense lawyer who will work to prove that your life has not been negatively impacted due to the accident you were in with their client.
A defense lawyer will work to gather evidence that the quality of your life has not been impacted by your accident from many sources which include:
- Interviews with your employers
- Interviews with your friends
- Interviews with your neighbors
- Hiring an investigator to keep track of you
In the end, a defense lawyer’s goal is to gather as much evidence as possible to prove that you are not suffering as much as you claim.
Unfortunately, we see many personal injury cases in Ohio go against plaintiffs because of the material that they publish on their social media accounts. Posts on social media can often undermine your claims in court. For example, if someone claims that they are suffering from severe back pain from a car accident and posts a photo of them going for a run in Columbus, that photo could be used against their case.
Physical injuries are not the only thing you may experience in an accident. Many of our clients experience emotional distress and serious mental trauma from their accidents. A person suffering from such trauma can collect damages if they can prove that their life has been negatively impacted. Social media can impact a personal injury case this way if a plaintiff’s posts contradict their claims of experiencing emotional trauma. Whether it is fair or not, defense lawyers will often use any “positive” posts as a vehicle for proving that a plaintiff isn’t suffering as much as they lead on.
Speaking Out Against the At-Fault Party Can Negatively Affect Your Claim
If you have been injured in an accident due to the fault of another party, you may experience quite a bit of anger. While this may be justified, the Ohio personal injury lawyers at Colombo Law strongly advise against venting your anger on social media platforms. Behavior like this can be misconstrued as bringing a suit because you are bitter towards a person rather than just pursuing money for your injuries. Colombo Law knows that this isn’t the case for our clients, however, this is something that the defense will try and leverage against you.
Can Sharing Posts About My Injuries Hurt My Case?
Posting updates about your accident on social media can actually help the defense. Personal injury cases can be very complex, and involve a number of different professionals. Doctors, medical personnel, insurance adjusters, and other subject experts are involved in helping determine the outcome of a personal injury case.
If you are posting about your injuries on your social media accounts, and your posts do not align with the descriptions given in your claim, a defense attorney can use this to hurt your case. An inconsistency in your claim can be something as simple as you smiling in a photo with some friends at a party. This can be considered an inconsistency in the event that you have claimed you have lost the enjoyment of life due to your injuries. While this post may seem innocent, it can be used to refute your claims.
Contact The Ohio Personal Injury Lawyers at Colombo Law For Help
If you are hurt in an accident in Ohio, it is important that you are cautious about what you post online during and after the claims process. Everything that you make public on your social media account can and will be used against you by the other party. In the end, there is nothing that social media can do to help you in an accident claim. To ensure that this doesn’t happen to you, the Columbus and Cincinnati personal injury lawyers at Colombo Law advise that you refrain from posting anything related to your accident on social media. Should you have any questions regarding a possible personal injury case, contact us and we would be happy to speak with you.