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How Can Social Media Impact My Personal Injury Claim?
Social media platforms like Facebook, Instagram, Twitter, and LinkedIn have become an integral part of our daily lives. We share updates that include personal experiences, achievements, and even mishaps. However, what many people may not realize is that their social media activity can significantly impact their personal injury claims.
For instance, if you claim severe injuries from a slip and fall accident but then post pictures of yourself hiking in the Hollywood Hills, the insurance company could use this as evidence that your injuries are not as severe as you claim. Similarly, a tweet about your accident could inadvertently admit partial fault, which could reduce the compensation you receive under California’s comparative negligence law.
What Precautions Should I Take with My Social Media Accounts?
First, consider setting your profiles to private. This will restrict the audience for your posts and potentially prevent the opposing party from accessing your information. However, remember that privacy settings are not foolproof, and your posts could still be shared beyond your network.
Second, think twice before posting anything related to your accident or injuries. Posts that appear harmless can be misinterpreted and potentially used against you.
Finally, avoid accepting friend or follow requests from unfamiliar individuals. Insurance companies might create fake profiles to view your posts.
Can Deleting My Social Media Posts Help My Case?
It may seem like removing posts about your accident or injuries would benefit your case, but this action could actually damage your claim. Eliminating posts after filing a claim might be interpreted as evidence destruction, which is not looked upon favorably in legal circles. Instead of removing posts, consult with an experienced attorney.
What Role Does California Law Play in Personal Injury Claims?
California law plays a significant role in personal injury claims, particularly in how compensation is determined. The state follows a system known as “pure comparative negligence.” This means that the amount of compensation you receive can be reduced by the percentage of fault you are found to have in the accident.
For instance, if you were in a car accident and determined to be 10% at fault, your compensation would decrease by 10%. This is where social media can become a problem. If you post something that suggests you were partially at fault for the accident, it could be used against you to reduce your compensation.
What Types of Compensation Can I Seek in a Personal Injury Claim?
In a personal injury claim, you can seek compensation for various types of damages. These include medical expenses, lost wages, property damage, and pain and suffering.
The cost of treating your injuries is covered by medical expenses, which would normally include hospital stays, surgeries, medications, and physical therapy. Lost wages compensate for the income you lost while you were unable to work due to your injuries. The cost of repairing or replacing property damaged in the accident is covered by property damage.
Pain and suffering are somewhat more intricate. This deals with the physical discomfort and emotional turmoil you’ve endured due to the accident. Although challenging to measure, a seasoned attorney can assist in determining a reasonable figure.
How Can I Prove My Damages in a Personal Injury Claim?
Proving your damages in a personal injury claim requires thorough documentation. Medical records, receipts for medical expenses, pay stubs to show lost wages, and estimates for property damage are all crucial pieces of evidence.
However, proving pain and suffering can be more challenging. This is where your social media posts could potentially help your case. Posts that show your emotional distress or physical pain could serve as evidence of your suffering. However, be cautious and consult with an attorney before posting anything that could be used against you.
What Should I Do If the Insurance Company Contacts Me?
If the insurance company contacts you, remember that they are not on your side. Their goal is to pay out as little as possible, and they may use tactics to try to get you to accept a lower settlement or even deny your claim altogether.
One common tactic is to ask for a recorded statement. While they may say this is just to get your side of the story, it’s often used to try to get you to say something that could hurt your claim. It’s generally best to politely decline and inform them that you will be seeking legal representation.
Another tactic is to offer a quick settlement. While it may be tempting to accept and get the process over with, these initial offers are often much lower than what you could potentially receive with the help of an attorney.
If you have been contacted by an insurance company about your personal injury claim, consult with an experienced attorney before responding. They can guide you through the process and help protect your rights.
Can My Private Messages on Social Media Be Used Against Me?
While private messages on social media are generally more protected than public posts, they can still potentially be used against you in certain circumstances. For example, if you send a message admitting fault for the accident or downplaying your injuries, these messages could be used to dispute your claim.
Again, consult with an experienced attorney who can advise you on how to handle your social media activity and protect your rights.
What If I Need to Use Social Media for Work or Other Important Activities?
If you need to use social media for work or other important activities, be extra cautious about what you post. Avoid discussing your accident or injuries.
Remember, your health and recovery should be your top priority. If using social media could potentially harm your personal injury claim, it may be worth taking a break until your claim is resolved.
If you have been involved in a personal injury incident and are concerned about how your social media activity could impact your claim, call California Legal Counsel today at 866-691-2077 for a free, confidential consultation.
