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How Facebook Is Changing Personal Injury Law

Posted on Tuesday, February 11th, 2014    

If you have been injured in an accident, the last thing you may be thinking of is your social media use. However, what you post on Facebook, Twitter or other social media platforms can have a direct impact on a personal injury case. According to the attorneys at Amerio Law in Sacramento, one of the most dangerous things an accident victim can do is share information on social media while he or she is trying to collect damages. It is almost guaranteed that the insurance companies and defense attorneys on the “other side” of the lawsuit will try to use this information against the injured victim.

How Can Social Media Hurt Me?

You may be wondering how posting family photos or tweeting about your favorite brands could possibly be harmful to your personal injury case. In many cases, the information you post on social media is harmless enough, but attorneys and insurance companies have been known to use this type of information in their attempts to deny victims compensation. How do they do this? By taking what may well be innocent photos or information and twisting it into another possible meaning.

For example, suppose that you posted photos of yourself at your child’s birthday party and the caption, “Having a great time!” under the photos on Facebook. If you then claim that your injuries have caused you to lose much of the enjoyment of your family, the insurance company may use these photos to dispute that claim.

If this seems crazy, consider this: social media is being used in everything from divorce to criminal cases. Clearly, what you put on social media can have an impact on your case?

Are My Private Postings Admissible?

What if you set your social media accounts to private? Unfortunately, this is not a guarantee that others will not see it. Judges have been mostly in agreement that when someone posts something on the Internet, that person has little to no expectation of privacy, no matter where the posting occurs. For example, if you send an email through your work computer, the courts have held that there is no expectation of privacy since the employer owns the equipment.

It is important to remember that you can avoid these problems by stopping your posts on social media during the time you are trying to collect damages. In order to protect your rights and learn how you may be able to collect compensation for your injuries, contact the Amerio Law Firm in Sacramento today.

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