CAN SOCIAL MEDIA DERAIL YOUR CALIFORNIA PERSONAL INJURY CASE? Don't let your social media posts derail your personal injury case; talk with an experienced personal injury lawyer at Samer Habbas & Associates. Contact us! www.habbaspilaw.com
Severity Of Injury
You seek compensation for your losses, such as car damage and bodily injuries, in a typical personal injury claim. A defendant—or, more likely, their insurer—will look everywhere for evidence that you are not injured. If they can find it, they can persuade a jury to award you less compensation. You can learn a lot about yourself on social media. Pictures, status updates, and messages could all be used to demonstrate that your injuries are not as severe as you claim.
Why Is Social Media Risky?
Comparative Fault California is a state with comparative faults. This means that your compensation is reduced by your percentage of fault in an accident. Assume your total losses from a car accident were $120,000. However, you are partially to blame because you were speeding at the time of the accident. In this case, you only receive half of the $120,000, or $60,000. As you might expect, defendants are eager to find any evidence that shows you are at fault. That information could be found on social media profiles.
Photographs of you having fun with family and friends. They could use this image to demonstrate that you are not in pain and are exaggerating your injuries.
What On My Social Media Profile Casts Doubt On The Severity Of My Injuries?
Status updates indicate that you did not attend rehab or physical therapy. This information will be used by the defendant to blame you for your disabilities. Any post in which you complain about the quality of your medical care. A defendant may argue that you should have seen a different doctor. They are once again blaming you for your suffering. An insurance adjuster might comb through your profile to find:
Status updates indicate that you have traveled. You might have attended a niece's graduation in another state. Even though you were in excruciating pain, the defendant may use this update to call into question the seriousness of your injuries.
How Can My Social Media Posts Impact Comparative Fault?
A range of factors could be at play. For example, you could share your memories of the accident on Facebook. If you're not careful, you might say something that sounds like you're accepting partial responsibility for the crash. Even something as simple as "I didn't see the driver!" could be used against you to demonstrate that you were distracted. Insurance adjusters will also look for pictures of you intoxicated. That "funny" college photo of you hungover on some fraternity's lawn? That could lead to evidence that you were driving while intoxicated on the day of the accident.
Set all social media profiles to private. They all should have this option. Stop accepting new friend requests. You never know; an insurance adjuster could request that you add them as friends. Don’t post anything, even on your private account. You have no idea what someone might use against you. Remove any tags involving you. Some sites, like Facebook, let other users tag you in pictures. Ask friends not to do that or remove the tags yourself. We recommend the following steps:
What Can I Do To Protect My Personal Injury Claim?
Can I Use Evidence From The Other
Driver’s Social Media Posts?
Yes! This road runs both ways. Just as the other side can try to use your social media, your attorney can do the same. For example, the defendant could have admitted fault for the accident in a post. We might use that statement to bolster your compensation claim.
How Long Should I Stop Posting On Social Media?
Ideally, you will wait for your personal injury case to conclude. That means you’ve signed a settlement and gotten a check, or a jury has decided in your favor, and there’s no appeal. In the meantime, you can stay in touch with friends using the telephone—the oldfashioned way!
Samer Habbas & Associates P.C.
Experienced California Personal Injury Attorneys Address 200 Spectrum Center Drive, Suite 1230, Irvine, CA 92618 Email ssh@habbaspilaw.com Website www.habbaspilaw.com Call 619-202-8172