Can a social media post derail your personal injury claim? | Rehm, Bennett, Moore, Rehm & Ockander P.C., L.L.O.

Can a social media post derail your personal injury claim?

Injuries caused by another person due to a car accident or other event can prove difficult to handle. You may need to make certain life adjustments for a considerable amount of time or even face permanent changes depending on the severity of your injuries. Because your life can suffer such substantial impacts, you may feel the need to pursue justice and compensation from the party considered at fault for the injury-causing incident.

While you have the right to file a personal injury claim in hopes of gaining restitution, you may wish to remember that evidence must support your case. Additionally, certain factors could negatively impact your claims, such as your social media activities.

To post or not to post?

Though social media plays a significant role in many people’s lives, and you may want to keep loved ones and other individuals updated on your condition after an accident, you may want to remain cautious of what you post. During a legal case, the defense may peruse your social media accounts to determine whether any evidence exists that could counteract the claims you have made.

For instance, if you claim that the injuries you suffered have resulted in an inability to complete certain tasks that you used to enjoy, like bike riding, but you recently posted a photo of yourself on a ride, the defense could use that information against you. As a result, a judge may not feel the need to award you compensation for loss of mobility or similar damages.

What about emotional claims?

In many cases, injured people also claim emotional damages in addition to the physical injuries they suffered. Though you may feel you have legitimate reason to claim emotional and mental distress, your social media posts could once again come into play. The first type of post that may come to mind likely relates to pictures. If you post photos of yourself having an enjoyable time with friends and family, you claims of emotional distress may seem less warranted.

However, even less obvious posts could potentially go into the defense’s tactics. If you received birthday wishes or other parties made posts checking on your recovery and well-being, the defense may argue that you have a positive support system that counteracts your claims of isolation or other emotional turmoil.

Should you give up social media?

Though you may not have to entirely delete your social media accounts after an injury-causing accident or during legal proceedings, you may wish to remain aware of the impacts even a seemingly harmless post could have on your personal injury claims. If you have questions or concerns about the use of such posts during a legal case, you may wish to consult with a seasoned Nebraska attorney.

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