If you are an injured victim preparing to file a lawsuit for damages against the party who caused your accident or getting ready to file a claim with the at-fault party’s insurance company, beware what you post on social media. Whether you are tweeting, Facebooking, Instagramming, or posting on any other social media forum, what you post can and will affect the overall value of your claim, and ultimately, the settlement you are awarded by the jury.
Continue below to learn of an example of how social media posts can reduce accident lawsuit settlements, as well as how to ensure you recover the full and fair settlement for your damages and losses as a wrongfully injured victim in Indiana.
Don’t Make Social Media Mistakes After an Accident
Be Careful What You Post After Being Injured in an Accident
Defense attorneys and defense adjusters will review you social media accounts. They will use what you post on these accounts in an attempt to diminish your claim for damages, usually by arguing and stretching the truth as to what the posts or photos allegedly show. You are better off not posting anything so this does not occur.
The Fundamentals of a Personal Injury Lawsuit
In a car accident personal injury lawsuit, the injured party holds the burden of proof to a more likely than not standard. At trial, it is up to the plaintiff to prove the extent and severity of their damages and losses, while it is the job of the defense to prove that the plaintiff’s damages are not as bad as they claim them to be. This tug of war fueled by evidence is an important part of the trial because whoever has the strongest evidence will prevail.
As an injured victim involved in a pending personal injury
claim, your social media choices can directly affect the outcome of your case.
It is strongly advised to discuss social media “do’s and don’ts” with a
seasoned accident attorney who can give you proper guidance on how to conduct
yourself on popular sites like Facebook, Twitter, Instagram, and more, without
compromising your rights to compensation.
Continue reading for some brief advice on this topic, as
well as, who to call for trusted personal injury representation and counsel
after being hurt in an accident.
Social media is a very popular and common hobby for many
people all across the world. Such sites allow you to put personal information
online, including your photos, your history, your residence, your location, and
more. Although social media is fun and makes it easy to communicate with those
in your life, it can also be quite risky. This is especially true for anyone
involved in a pending legal case or lawsuit.
Social media posts can now sometimes be permitted to be used
as evidence in legal cases since they are accounts and paper trails of part of
a person’s life. For instance, if a person is being charged with a crime but
insists they have an alibi, they could use a social media posting or photo to
prove they were in fact, not at the scene of the crime they are suspected of
However, in the case of a personal injury claims, it usually
has the opposite effect; rather than showing a person of interest was somewhere
else when the alleged crime was committed, it can actually provide the defense
something to pick up on and argue against the injured victim. For example, if
you say you have back pain after a car accident, but then post a video of you
on Instagram standing up for an hour at your daughter’s softball game, it could
be used against you in personal injury negotiations. The defense would
argue how hurt were you really if you could do that. However, most
parents are willing to endure some pain to not miss something important to
their daughter and since most people do not post videos of themselves hurting
or in pain, there won’t be a video or photos taken of how you were feeling
after that hour on your feet.
Here is What You SHOULD NOT Do on Social Media as an Injured Victim:
First and foremost, the best advice is to refrain from all
social media activity throughout the duration of your case. This even includes
writing online reviews on Google, Yelp, Angie’s List, Ebay, and more. For
example, you wouldn’t want to review a new gym or pair of high heeled shoes
after being injured in an accident because again, that could be twisted into an
argument by a defense attorney. If you must take part in social media, here is
what you should never do:
Do not post information about your accident or incident.
This includes descriptions, photos, videos, articles, and even comments.
Do not post anything that arguably implies your injuries are
less serious than you claimed. Comments and photos can be taken out of context
and used to argue that you are not seriously injured or entitled to a full
Do not make any comments. Defense attorneys will use
any comments you make and try to twist the meaning of the comments. Even making
a claim that you were tired or sore from the gym would be used against you,
even though that is normal and even if what you left out of the comment was
that you could not do your full workout routine because of your injuries.
Do not make insulting comments or complaints about anyone or
any company involved in the case, including the insurance companies, adjusters,
opposing parties, attorneys, cities, and more. There is nothing to be
gained be venting your frustrations with how the opposing side is not just
simply doing the fair and honorable thing.
Do not accept new friend requests from strangers. It could
be an insurance investigator, even disguised as someone else, with the
intention of obtaining information that could arguably be used against you.
Who to Talk to About Your Accident Claim
Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 if you were negligently injured in Indiana. Our seasoned Indianapolis accident attorneys are well-versed in various areas of tort law and can help you obtain the full settlement you deserve. We offer free initial consultations and never collect attorney fees unless we prevail for you. Call 317-881-2700 to get started, today.
If you are preparing to make a claim for injuries you or a loved one has suffered in a recent accident, your social media portals are not a “safe” place to discuss your feelings or thoughts regarding the incident. Providing details and making statements online about an accident or claim can be extremely risky, and potentially damaging, to your settlement, even if only your “friends” can see your posts.
Continue reading to learn some common social media mistakes accident victims make so that you can avoid jeopardizing your personal injury claim.
Indianapolis Personal Injury Lawyers 317-881-2700
Social Media Vulnerability
Social media can easily sabotage a personal injury lawsuit in quite a few ways. With the exponential rise of various social media portals and websites, such as Instagram, Facebook, Snapchat, Twitter, and similar social media platforms, users are still learning how they affect other aspects of their personal and professional lives. It is important to understand that social media can be used as evidence against individuals, whether in a serious legal matter, or in a personal or private setting.
For example, if an employee calls in sick to work, and then later posts pictures of themselves at a beach party the same day, it is possible for the employer to find out and reprimand them. In another example, a man might tell his wife that he cannot make dinner with her parents because he has to work late, but then checks in on Facebook at the football stadium a few hours later. Well, the same idea can be applied to lawsuits and trial. Social media pictures and posts can sometimes be used as evidence in a court of law.
Here are three common mistakes personal injury claimants make on social media:
❶ Posting Subjecting Video Footage or Photos
Videos, pictures, “check ins”, and even blogs can be imperiling in a personal injury case. For instance, if a person is pursuing a slip and fall lawsuit after suffering a broken pelvis, they would be seriously endangering their case if they did something like post a video of themselves walking their dog, or upload a picture of them jumping off a diving board. The opposing insurance company or counsel will surely use posts like these as evidence against an injury compensation claim.
Defense counsel will sometimes even argue that seemingly innocent photos show more than they do. Because posts are only a snapshot in time, they can only arguably show how a person was feeling or what they were doing at a certain time. Postings can create the illusion that a person is physically okay because people usually do not post photos of themselves injured or when they are hurting. It is best not to post anything at all to avoid these potential arguments by defense counsel altogether.
❷ Divulging Confidential Conditions of Settlements
For lawsuits that settle out of court, it is a practice to sometimes require both parties to sign a non-disclosure agreement to prevent either party (or family and friends of each party) to say anything about the opposing party. Disclosing or revealing confidential terms of settlements and trial details can be a breach of contract under such an agreement. Many people do not think about their social media sites as a means of breaking such agreements, but they are. It is vital to refrain from posting anything about a lawsuit or settlement, online or anywhere else.
❸ Making Aggressive or Threatening Statements
It is common for people to express their negative and angry feelings online; however, in a personal injury case, this is a big mistake that can cost a person their settlement. Although it is understandable that if a person is hurting and has been injured and/or is not making a paycheck because they cannot work due to someone else’s negligence that was avoidable that they would be angry, it is best to keep those thoughts and feelings to one’s self. Although online social media posting is legal, it can gravely hurt a victim’s chances of recovering remuneration for their damages in a personal injury accident. It will only guarantee a case going to trial, where such videos, photos, and postings can be used against them in a court of law.
Indianapolis Personal Injury Law Firm
Personal Injury Law Firm 317-881-2700
Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make an accident and injury claim in Indiana. Our seasoned Indianapolis personal injury lawyers are ready and able to recover the full and fair compensation you deserve. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule an appointment, today.
Social media is vastly popular all across the world. It can be a great outlet for personal thoughts, creativity, and emotions; however, when it comes to filing a personal injury claim, social media can be your case’s biggest threat. Once involved in an accident caused by another’s negligence, it is important to follow a certain series of steps to protect yourself.
Seeking immediate medical attention, filing a police report, never admitting any fault, and hiring a personal injury attorney are all part of the plan; but relinquishing details or making statements concerning your accident, online, is not.
Continue reading to learn some common social media mistakes to avoid so to not jeopardize your accident claim.
Personal Injury Lawsuits
Social media can quickly sabotage a personal injury lawsuit in several ways. With the new rise of various social media portals and websites, we are still learning how they affect other aspects of our lives. We must understand that social media can now be used as evidence against individuals. For example, an employer can reprimand an employee that calls in sick to work, and then posts pictures of themselves at the beach the same day. The same idea can be applied to lawsuits and trial. Social media pictures and posts can sometimes be used as evidence in a court of law. Here are the three most common mistakes personal injury victims can make after filing a lawsuit against a negligent party:
Disclosing Confidential Requisites of Settlements
Many lawsuits that settle out of court will require both parties to sign a non-disclosure agreement. This agreement is used to prevent either party, or family and friends of each party, to say anything about the opposing party. Leaking or revealing confidential terms of settlements and trial details can be illegal under this agreement. Many people do not think about their social media sites as a means of breaking such agreements, but they are indeed. It is mandatory to refrain from mentioning anything about a lawsuit or settlement, online or anywhere else.
Posting Incriminating Footage or Photography
Videos, pictures, and even blogs can be incriminating in a personal injury lawsuit. For instance, if a person is pursuing a slip and fall lawsuit after suffering a broken pelvis at work, the might not want to post a video of themselves practicing their golf swing anytime soon. The opposing insurance company or counsel will surely use this as evidence against an injury-compensation claim. Photos and pictures can also jeopardize an injury case.
Making Aggressive or Threatening Statements
It is very common for people to express negative and angry feelings online and on social media portals; however, in a personal injury case, this is a big mistake that can cost a person their case. Making threatening or intimidating statements about the opposing party is a bad idea. This is especially true for corporations. Although online social media posting is legal, it can gravely hurt a victim’s chances of recovering remuneration for their damages in a personal injury accident. It will only guarantee a case going to trial; where such videos, photos, and postings can be used against them in a court of law.
Personal Injury Law Firm
Indianapolis Personal Injury Lawyers 317-881-2700
Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for more information about our personal injury law firm in Indianapolis, Indiana. Attorneys Daniel Craven, Ralph Hoover, and Keith Blazek are highly accomplished and well-versed in personal injury law. We offer free initial consultations to assess victims’ cases and determine their eligibility for compensation. We never collect attorney fees unless we prevail for you! Trust us to obtain full and fair compensation for a recent personal injury suffered at the hands of another’s negligence. Call 317-881-2700 and discuss
your personal injury with a licensed accident
lawyer in Indianapolis, IN today.