Stop Posting to Social Media If You Have Been Injured

Social Media Use in Personal Injury CaseIf you are making a claim for injuries suffered as a result of someone else's negligence, either in a car crash or a trip and fall injury or any other situation which caused you personal injuries you should immediately stop posting on social media.

Don't post anything.  Don't post anything about your injuries, about the collision or other incidents that resulted in your injuries, don't post about anything.

Once you file your claim in court, the first thing the defense lawyer will do is ask you to produce your passwords and other means by which they can get into your social media website.  

In most cases, a judge will allow a defense lawyer to have access to your social media.

It is also important not to erase any social media postings which you made prior to the filing of the lawsuit.  

The defense lawyer may claim that you are guilty of spoliation of the evidence if you delete your postings.  

Although you can't do anything about the social media postings that you have already made, you can and should immediately stop posting anything else.

No matter how innocent you feel the post may be, the defense lawyer could construe anything you posted on social media in a way that may reflect badly upon you.  

Obviously, photographs of you hanging out with your friends, playing basketball, drinking alcohol or other rambunctious activities will reflect poorly on you and could hurt your case.  However, even more, tame videos and postings could hurt you.  It is best not to take a chance.

It is for the reasons set out above that we strongly advise all of our clients to stop posting on social media immediately and do not think about ever resuming posting until after your case is finally concluded by a settlement or a verdict and judgment from which there was no repeal. 
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