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How Social Media Can Affect Your Personal Injury Case

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By Yosi Yahoudai
Founder and Managing Partner

Many people do not realize the danger their social media accounts can pose to their personal injury cases. We tend to compartmentalize our lives into personal versus business or professional matters. However, when you have a personal injury case pending, the defendant and their insurance company could use what you post on social media against you.

It could help if you talk to a Los Angeles personal injury attorney about how social media can affect your personal injury case. This blog will offer some suggestions on how to protect yourself and your personal injury claim. 

Taking a Complete Break from Social Media During Your Personal Injury Case

We usually recommend that our personal injury clients take a complete break from social media until after their personal injury case gets resolved by settlement or trial. Even then, if the terms of your settlement are confidential, you do not want to post any of the details on social media. The defendant’s insurance company could try to get all the money back from you if you breach the nondisclosure agreement. 

You will want to make sure that you do not post anything about the accident that injured you, the defendant, your injuries, or your recuperation. These issues are particularly dangerous because the defendant could use them against you, even if they have to twist your words to do so.

Also, photos could endanger your personal injury case. Whether from the accident, your wounds, or anything related to your personal injury case, you absolutely do not want to post these online. Even seemingly innocent photographs of you going out to eat with friends could get used against you to argue that you are not actually in as much pain as you claim in your personal injury lawsuit.

Your Privacy Settings

You do want to check your privacy settings to limit who can see what you post online, but you do not want to rely on your privacy settings. Insurance companies often manage to access the social media accounts of people who file injury claims.

Your Friends and Family

It is not safe to allow other people to post comments or photos of you or anything related to your accident or injury claim. Sometimes, people will have someone else post these things for them to keep their circle of friends informed about their situation, but this action could backfire. 

The people who post on your behalf or on their own might tag you in the post or photo. Also, the insurance company could check the social media accounts of people who are friends with you online to see what they have posted.

Watch Out for These Tactics

An insurance investigator might send you a friend request, hoping that you will accept the request, giving them access to your social media account. It is best not to accept friend requests while you have a personal injury case pending.

The insurance company might check to see if you posted comments on other people’s social media accounts. They can and will use your comments against you if they gain information about your personal injury case from those posts. When you work with a personal injury attorney on your claim, we can provide guidance on how to protect your injury case from falling victim to damage from social media. We offer a free initial consultation. There is no obligation. Reach out to our office today for help with your case.

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About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.