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When you have suffered an injury due to someone else’s carelessness, you may feel overwhelmed by the many changes that come into your life all at once. You might be dealing with pain, a long recovery process, and a sudden financial strain caused by medical bills and missed work.
In times like these, you deserve the best legal representation, and you deserve to know how every choice you make can impact the outcome of your case. This includes decisions about how you use social media.
Social media platforms are now a huge part of many people’s lives, but they can also become a powerful tool for the other side if they want to deny you fair compensation. If you need help understanding your rights and protecting your claim, you can reach out to the Los Angeles injury attorneys at Banafshe Law Firm, PC, for guidance and support. You pay nothing unless we win, so there is no risk in making that call and learning how we can help.
You may wonder why insurance companies or the other side’s lawyers would care about what you share online. The reason is simple: they want to find anything that could challenge your credibility and reduce the amount they have to pay.
If you are claiming that your car accident injuries have made it hard for you to walk, but then you post a picture of yourself hiking on a trail, even if that picture is from before the accident, the insurance company might use it to suggest that your injuries are not as serious as you say. Insurance adjusters, defense lawyers, and even investigators know that people often post pictures and comments without thinking about how these snapshots might be interpreted.
Social media platforms do not come with warnings about how posts could be used against you in a legal case. Many people assume that their privacy settings protect them, but often, these settings can be changed or overridden with a proper court order.
What you post online can become a permanent part of your digital footprint. When you open these platforms each day, you might be doing it simply to catch up with friends, relieve stress, or update family members. Still, insurance companies see something different. They see a treasure trove of potential evidence they can use to weaken your claim and question your character.
Credibility is one of the most important parts of any legal claim. If a judge or jury believes you are honest, they are more likely to take your testimony seriously and award you the compensation you deserve.
On the other hand, if the defense can suggest that you are not telling the whole truth, it becomes easier for them to argue that you are not as hurt as you claim, that your injuries do not require the level of treatment you are seeking, or that you are asking for more money than you actually need.
One small social media post can give the defense a chance to poke holes in your story. Perhaps you said that your injury prevents you from lifting heavy objects, but a friend tags you in a photo that appears to show you carrying a large item.
Even if the photo was taken before your accident, the defense might use it to suggest that you have a habit of overstating your limitations. If you complain about your pain on social media in a way that sounds inconsistent, or if you accidentally reveal that you participated in an activity that you earlier claimed you could not do, the defense will jump on these details.
It is not always about lying, either. Even honest people can be misunderstood. You might post a status update that says you are “feeling great today” because you are trying to stay positive, or maybe you are celebrating a minor improvement. But in court, a defense lawyer could argue that “feeling great” means you are not truly injured.
Context can get lost when posts are taken out of the time they were written. Once something is on social media, it can be interpreted in many ways.
Many people think that only recent posts matter. After all, what could a picture you posted a year ago have to do with your current injury claim? The truth is that old posts can become relevant if the defense wants to build a story about your lifestyle or your past actions.
Perhaps old posts show you engaging in activities that the defense can argue you are still capable of doing now. They might say that you have always been active and that your current complaints are overblown. Or maybe past comments reveal that you have a tendency to take risks, which the defense might use to suggest you contributed to the accident.
The point is that once information is online, it can be hard to control how it is found and used. Deleting old posts may not be enough, as archives and backups can exist. Even if your profile is set to private, friends or followers might share or screenshot your posts. The defense can sometimes gain access to what you believed was private information through legal channels.
Sometimes, it is not even your own posts that cause trouble. Your friends or family members might tag you in pictures, mention you in comments, or talk about plans you made together.
If you claim that your injuries kept you in bed for weeks, but a friend posts about the fun night out you two supposedly had just last weekend, that post could be used against you. Even if you did not actually go out, the mention of it could raise questions.
It can also be an issue if people send you well-intentioned messages asking how you are feeling, and you respond in a way that could be taken out of context. If you say something like “I’m fine” because you do not want to worry them, this simple phrase might be presented to a jury as proof that you were not in pain. Being careful about your online interactions is not about hiding the truth; it is about making sure that innocent comments are not twisted into misleading evidence.
Many people believe that setting their social media accounts to “private” will keep their information safe from the other side. While it is true that private settings can limit the number of people who see your posts, there is no guarantee that this is enough.
Defense lawyers may still be able to access this content through discovery requests or subpoenas. Courts sometimes order people to turn over their social media posts if they are relevant to the case.
Privacy settings are a good first step, but they are not a complete solution. You should think carefully about what you post, even under the strictest privacy settings. The best way to protect yourself is to assume that anything you put online could someday be seen by the insurance company or the opposing side’s lawyer.
While it may be wise to limit your social media use during the course of your personal injury case, stopping all activity may not always be necessary or practical. However, being extra cautious with what you post and what you say online is a very good idea.
Some people choose to avoid social media entirely until the case is resolved. Others continue using it but only for the safest, least controversial types of posts, such as liking a friend’s new baby picture or sharing neutral content that cannot be linked to their injuries or daily activities.
Our LA injury attorneys often advise clients to err on the side of caution. Until your case is settled or resolved in court, think twice before posting anything that could be misunderstood.
Consider waiting to share vacation photos, big outings, or physical activities until after your claim is resolved. You might also want to avoid discussing the case itself, your injuries, or your medical treatments online. Even a simple mention could give the defense something to work with.
Social media has changed the way we communicate, share experiences, and stay connected. However, it has also changed the way personal injury cases are handled. In the past, a person’s private life was harder to uncover, but now, with just a few clicks, the defense can access a treasure chest of information about you. This does not mean you have to hide from the world, but it does mean you need to be careful about what you post and how it might be understood by others.
By staying cautious, following our personal injury lawyers’ advice, and focusing on building a strong case with credible evidence, you increase your chances of receiving the full and fair compensation you deserve. When in doubt, remember that it is always better to be safe than sorry. Instead of giving the defense something to work with, give yourself the peace of mind that comes from knowing you have protected your rights in every possible way.
When you are ready to take the next step, call us at Banafshe Law Firm, PC. Our phone line is open 24 hours a day, 7 days a week, so you can speak with a live person whenever you need to. Get the guidance and support you deserve, and do not let careless social media activity damage your personal injury claim. You have the power to protect yourself, and we are here to help. Call us at 855-300-3630 or contact us online to schedule a free case evaluation.
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