Blog Post

Social Media After a Personal Injury Claim

  • By Admin
  • 19 Jan, 2018
Personal Injury — Hurting Knee in Aiken, SC
Whether you're injured in an auto accident or as a result of a faulty product, the steps you take after you're injured can either help or hurt your personal injury claim. While social media has become a regular part of our daily lives, using it can complicate your claim and have a negative impact.

Here's what you need to know about the ways using social media can hamper your personal injury claim.

May Be Used to Refute Statements

People use social media to keep in touch with friends and family, stay connected and discuss day-to-day life. It may seem natural to discuss the circumstances of your case on social media since it's part of your daily life. However, doing so can torpedo your personal injury claim.

The person or business you're suing may use the information you post on social media to refute official statements you've made. For example, if you were in an auto accident and made a statement on the police report that you were not distracted, yet post on social media that you received an upsetting text prior to crashing, this statement may be used to refute your official statement.

Provides Insight for Strategizing

It may seem harmless to post about guidance and advice that you receive from your attorney. Unfortunately, doing so may provide the other party's lawyers with information that can be used to build a defense strategy. This is true regardless of where you are in the claims process.

It's important to keep the discussions you have with your attorney confidential. Avoid posting any information about what you discuss when you meet with a personal injury attorney.

May Be Used to Dispute Seriousness of Injury

Posting about your daily activities can come back to bite you in a personal injury case. For instance, if you suffered a fracture and your treatment requires wearing a removable cast, the other party can argue that you're not as injured as you claim to be if you post a photo in which you're not wearing the cast.

Perhaps you took the cast off briefly because you had an itch or needed to clean the area. Even though you had an innocent reason for removing your cast, the other party could use the photo as leverage to play down the seriousness of your injury.

May Be Accused of Not Mitigating Damages

When you're injured, the law requires you that you take reasonable steps to mitigate the damages, which refers to reducing further injury. You're expected to follow your doctor's treatment plan as one way to reduce further injury.

If your doctor orders bed rest, but you feel better on a certain day and post about going for a short walk, the other party may argue that you failed to mitigate the damages by ignoring your doctor's orders. Your post can then be used to reduce your compensation.

May Claim Your Suit is Frivolous

It's reasonable to feel angry when you're injured as a result of someone else's negligence. However, making angry posts about the other party on social media likely won't do your case any favors. While it may feel good to vent your frustrations, the other party may argue that you are simply suing because you have a grudge.

You don't want to give the other party any reason to argue that your suit is frivolous.

For the sake of your case, avoid discussing any details of your claim on social media. In fact, you may want to avoid or severely limit your social media use until your claim is settled.

At Anderson & Anderson LLP, our attorneys have experience with personal injury claims and will provide the guidance you need and fight for your right to compensation when you're injured.
By Admin 18 May, 2018
As many people know, having a family dog can be a wonderful and healthy addition to a family. Dogs can be very loyal and are capable of loving unconditionally. Unfortunately, dogs can also be unpredictable at times, particularly with people they are unfamiliar with. A dog that is normally fine with people can sometimes snap and bite someone with no rhyme or reason.

In some cases, dog bites can be extremely serious, even causing life-altering injuries. The first thought is often who is liable for the bite and the expenses that come with it. Many states have a one bite rule. This means that that the owner of the dog is liable for the bite, even if it has never bitten someone before.

The following is some information on dog bites and who will have to pay the damages caused by the injury.
By Admin 21 Apr, 2018
If you have been in an auto accident and you want to get compensation for what you have been through, you need to make sure you have the right type of evidence together in order to move forward with a legal case. Here are three types of evidence you will need to collect.
By Admin 21 Nov, 2017
Car accidents seem like the type of thing that we only hear about happening to other people, so it can be devastating to be a victim of a collision yourself. One moment you're driving and thinking of your various obligations, and the next you're off the road wondering how everything changed so fast. Even if you were in a minor collision where the car was damaged a lot more than you were, you need to take care of yourself.

The trauma that can occur during an automobile accident can cause problems that show up days later, and of course there's the emotional aspect of coping with the fear of the moment and the hassle of having to get your car fixed or replaced. Below are a few things you should focus on now that the worst is over with and you're recovering from your injuries.
By Admin 10 Aug, 2017
With healthcare costs continuing to rise, tort reform has been a hot topic in the news – so hot that the U.S. House of Representatives recently passed House Resolution 985 (HR 985), a bill designed to limit recovery and sometimes even litigation in certain types of personal injury lawsuits.

Although this bill must still pass muster with the Senate Judiciary Committee before being sent to the president and potentially signed into law, it represents a key part of Congress's plan to make the legal market more business-friendly and enjoys a broad base of support. What could passage of this bill (or a similar one) mean for a current or future personal injury claim?

Read on to learn more about how this type of tort reform could affect your ability to proceed in certain types of personal injury cases.
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