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Social Media Posts Can Damage Your Injury Case

If you are making a person injury claim due to the negligence of another, from pedestrian accidents, motor vehicle accidents, or any other type of personal injury claim, posting on social media can hurt your case.

Insurance adjusters may seize a photo or post from your social media to dispute the severity of your injury and try to diminish the value of your claim.  After filing a lawsuit in court, one of the first things a defense lawyer can do is ask you to produce your social media history.  If you delete social media postings, the defense lawyer may accuse you of spoliation of the evidence if you deleted postings.

Although you cannot do anything about the social media postings you made already, you should immediately stop posting anything else!  Completely innocent posts may be used by the defense lawyer to try to construe against you.  Photographs of playing sports, outdoor activities on vacation, hanging out with friends, and drinking alcohol may hurt your injury case, but even innocent postings might be taken out of context and used against you too.  It is best not to give the at-fault part any ammunition to use against you. For these reasons above, we advise our clients to stop posting to social media until after the conclusion of their case.

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