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Selfies, Statuses, and How Social Media Can Undercut Your Personal Injury Claim

On Behalf of | Aug 24, 2018 | Personal Injury

Social media use is a fact of life in Council Bluffs and for most Americans. The Pew Research Center estimates 69% of Americans use some kind of social media so there’s a very good chance you are active on one, if not multiple, social media platforms. If you suffer a serious injury due to the negligence of another party and pursue a claim against an insurance company or file a personal injury lawsuit what you post on social media can impact the outcome of your claim or lawsuit.

Insurance companies and their attorneys investigate claims in order to evaluate and determine potential legal defenses. With the rise of social media, it’s never been easier to investigate someone and their injury claims.

Your Posts Could Jeopardize Your Personal Injury Claim

A private detective could be hired to follow, photograph, or video you to monitor your physical activity if you claim to be seriously injured. Facebook or Twitter permit someone to view photos or videos you’ve downloaded while sitting at their desk; there’s no cost in time and energy needed to track you down and document your activities in person.

Credibility is key in personal injury of cases. Contradictory evidence can damage your credibility and the credibility of any witnesses or documentary evidence that support your personal injury claim. For example if you claim a back injury prohibits you from leaving the house, a selfie of you attending your nephew’s baseball game would make that claim less credible.

Stop Using Social Media or Strictly Limit What You Post

Staying off social media or strictly limiting your participation could prevent serious problems for your personal injury claim.

If you’re one of the millions of Americans whose social media habit is hard to break and you can’t stop yourself from posting, here are a couple suggestions:

  • Before you post anything think about the fact the insurance company, its investigators, and lawyers will review your activity. If you don’t want it to be used against you, don’t post it.
  • If something might show that you’re happier, more pain-free, or more physically active than you claim, don’t post it. Don’t write about what a great day you’re having, how good you’re feeling, or that you did something physically difficult to accomplish.

Contact a Licensed Iowa Attorney

With more than 30 years of combined experience in tort litigation, Attorney Walter P. Thomas  is experienced at representing plaintiffs in personal injury cases. He can answer your questions about the law, the legal process, what needs to be proven (and avoided) to establish a successful case. If you or a family member has been injured or killed as result of another party’s negligence, contact Telpner Peterson Law Firm in Council Bluffs, IA, to discuss your claim at 712-309-3738, or visit Telpner Peterson Law Firm.