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Personal Injury Cases and Social Media

Posted by John Hadden | Feb 21, 2020 | 0 Comments

As the old idiom goes, “Accidents are bound to happen,” but this does not necessarily mean that when you are injured in an accident, there is no one to blame. If you have been hurt, whether you were in a car accident on Atlanta's roads or because you slipped and fell on a wet surface at a local business, you deserve to seek compensation for your injuries and for the pain and suffering you have had to endure.

And in this day and age, everyone seems to be on some sort of social media platform. Social media is a great way to communicate with friends and family to share your experiences, thoughts, feelings, and pictures. Naturally, if you have suffered an accident and have filed a personal injury claim, you would want to share what happened to you on social media. Before you do, however, the Hadden Law Firm has one word of caution: don't.

Personal Injury Claims Process

As soon as you and your personal injury attorney decide to file a claim to seek compensation for the damages you have suffered, your attorney will start working to verify and document the extent of your injuries by talking to medical experts, witnesses to the accident, and your friends and family. To prove that the other person was responsible for the harm you have suffered, your attorney will have to provide evidence that you were (1) injured as a result of the accident, and (2) the injuries you have suffered have caused you pain and suffering and the loss of the life you had before the accident.

Likewise, as soon as your personal injury claim is filed, the defendant in the case will be working just as hard to prove that no, your injuries were not that severe, and that your life was not negatively impacted by the incident. Most defense teams will go to any and all lengths to undermine your claim of damages. They will scour not only your personal social media platforms (such as your Facebook page or your Instagram account), but they will look at your friends' and family's accounts as well.

As an example: Danielle is injured in a car accident and suffers a spinal injury. With the help of her personal injury attorney, she files a claim to seek compensation for her now-limited mobility and chronic pain. Meanwhile, after several months of physical therapy, she feels well enough to try a short hike. She posts selfies from the hike on her Facebook page, and the friend who accompanies her posts several pictures on Instagram. Later, she is devastated to learn that the defense attorney in her case saw her posts and her friend's posts and plans to use them to dispute her claim.

Managing Social Media After an Accident

It is possible to live without social media (remember 1999?). Here are a few tips on what to do with your social media platforms after you have been involved in an accident.

  • Stop all social media activity immediately and consider suspending all your accounts temporarily.
  • If you keep your accounts active, set them to the highest privacy levels possible.
  • Do not accept any new followers, and do not add any new accounts for you to follow.
  • Ask your friends and family members to not mention you or tag you in any of their posts, and tell them to not share anything about your case on their platforms.
  • Tell your attorney about all your social media accounts and take their advice on how to manage them until your case is settled.
  • But, and this is very important, DO NOT delete any posts, comments, or messages even possibly relevant to your case. This CAN and WILL be used against you.

As another old saying goes, "Silence is golden."

The Hadden Law Firm, Personal Injury Experts

John Hadden used to work as an insurance defense lawyer, but now he devotes his time to representing victims of negligence and wrongdoing. He works tirelessly for his clients and he will provide sound legal advice on how to manage your social media platforms while your claim is being resolved. Call The Hadden Law firm at 404-939-4525 or fill out a contact form to get started on your case today.

About the Author

John Hadden

John D. Hadden is the owner and founder of the Hadden Law Firm. An experienced trial and appellate lawyer, he is author of three respected treatises on Georgia litigation practice: Greens Georgia Law of Evidence, Georgia Law of Torts - Trial Preparation and Practice, and Georgia Magistrate Court...

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