Social media sites like Facebook, Instagram, Twitter, and Snapchat provide platforms we can use to share our personal experiences. However, oversharing often causes misunderstanding and embarrassment. Even worse, social media posts can hurt your personal injury claim. You may receive lower compensation or even have your claim dismissed because of your social media history.
What are personal injury claims?
Generally, a personal injury is “an injury not to property, but to body, mind, or emotions.”
For example, Mindy was injured when a delivery van struck her car. In addition to soft tissue injuries and bruises, she claimed her back and knees were affected. She needed therapy, surgery, and medicine to recover from the injuries. Mindy may have a personal injury claim against the driver of the delivery van and others involved in the accident.
What must be proven in a personal injury claim?
Basically, any claim must be backed up by evidence. To prove medical injuries, you may have to produce copies of medical records, x-rays, treatment notes, and other records from all medical providers.
In Mindy’s case, she received treatment for her injuries. She also claimed lost wages because she was unable to work due to knee pain.
How can social media affect my claim?
Most people sued for a personal injury claim will defend against that claim. They may need to prove that the claimant was not injured or is exaggerating his or her injuries. One way to do this may be through social media posts.
For example, Mindy claimed her knee pain was so bad she could not work. However, several of the posts she had made on Facebook showed up during her personal injury lawsuit:
She posted about her accident, noting that she had been sending a text when the accident happened. The delivery van driver could claim Mindy was at least partially responsible for the accident.
Mindy also posted photos taken after the accident on her Facebook page. She was supposedly nursing her knees back to health. The pictures told a different story, however. Mindy bragged about her vacation and especially the limbo contest that she had won. The defendant in her lawsuit could use the photos to show Mindy was not as badly injured as she claimed.
Don’t Let Social Media Derail Your Personal Injury Claim
At Osvaldo Rodriguez, PC, we have over 20 years’ experience helping clients with personal injury claims. Schedule a free initial consultation with Osvaldo Rodriguez, a lawyer who has dedicated his career to assisting people like you. Just call us at 708-716-3441 or fill out the Contact form on our website. At Osvaldo Rodriguez, P.C., we represent clients throughout the state of Illinois, including Chicago, Addison, Bellwood, Bensenville, Berwyn, Chicago, Cicero, Elmwood Park, Franklin Park, Maywood, Melrose Park, Northlake, and all of Cook County, Lake County, Kane County, Dupage County and Will County.