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How Social Media Can Hurt Your Personal Injury Case

Posted on in Personal Injury

How Social Media Can Hurt Your Personal Injury CaseReceiving the monetary compensation that you deserve in your personal injury case depends on convincing the court of the extent of your injury and the negative effect it has had on your life. You present detailed medical reports as evidence of your physical condition and have other people testify on how the injury limits your activity and enjoyment of life. The defense’s job is to try to discredit your evidence and show that your pain and suffering is not as bad as you claim. In recent years, defenses have turned to social media to find evidence against personal injury claimants.

Contradictory Statements

Under no circumstances should you discuss the details of your personal injury case on social media – publicly or privately. When talking about your injury, you may say something that contradicts the case you are presenting in court, such as:

  • The circumstances that led to your injury;
  • Your physical limitations as a result of the injury; and
  • The emotional suffering that the injury has caused you.

Never assume that a conversation on social media will remain private. The defense is looking for evidence that may cast doubt on your motivations for the lawsuit and need for compensation.

Perception of Wellbeing

Many people use social media to share photos and details of their activities or gatherings with friends. These social media posts can be used against you if they paint a picture of your physical or mental wellbeing that contradicts how you describe yourself during the case. For instance:

  • Pictures of you playing sports or on a hike may contradict your claim that your injury continues to limit your physical activity;
  • Pictures of you having fun at a friend’s party may contradict your claim that the injury has made you depressed; and
  • Well-wishes from friends and family on social media may contradict your claim that you have become isolated from others as a result of your injury.

It may seem ridiculous that someone would think that a picture of you smiling proves that you are not depressed, but defense attorneys in personal injury cases have attempted to make that argument.

Contact a McHenry County Personal Injury Lawyer

To prevent your social media from being used against you, you should go silent during your case and ask friends and family to not post anything related to your injury. It is important that the image of you outside of the courtroom remains consistent with what you are saying in the courtroom. A Crystal Lake, Illinois, personal injury attorney at Botto Gilbert Lancaster, PC, can make a case for why you need compensation for your injury. Schedule a free consultation by calling 815-338-3838. 

Source:

https://slate.com/technology/2015/04/social-media-and-the-law-if-youre-claiming-emotional-distress-dont-appear-happy-on-facebook.html

Illinois State Bar Association State Bar of Wisconsin Crystal Lake Chamber of Commerce Illinois Trial Lawyers Association McHenry County Bar Association
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