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Could a personal injury defense use social media against you?

In today's society, social media plays a significant role in most West Virginia residents' lives. You may love keeping your friends and family updated on your daily doings and checking to see what activities your loved ones have recently participated in. While these actions can help you and many other people keep in contact, it could have negative repercussions as well.

For instance, if you have suffered serious injuries in a car accident and want to pursue a legal claim in hopes of gaining needed compensation, your social media activity could impact your claim. As a result, you may find yourself wanting to give more consideration to your posts during this time.

Social media and the defense

Because the individual or entity against which you have filed your claim has the right to create a defense, attorneys could potentially use your social media posts to discredit your claims. For instance, if you hope to gain restitution because you can no longer participate in activities you used to find enjoyable or because you have lost valuable personal connections because of your injuries, the defense may examine your social media to determine whether your posts coincide with your claims.

Posting a picture of yourself and a group of friends enjoying a hike, bike ride, softball game or other type of physically challenging activity may counteract your claim of diminished capacity to participate in such activities. Even if the activity does not have an organized approach to it, such as if you simply post a photo horseplaying with your family, this type of evidence could still work against you.

Evidence other than photographs

The defense does not only have the ability to use pictures against you. They may also attempt to look at your status updates to gauge how you truly felt after the accident, as well as posts other people may have sent to you.

Additionally, those posts do not even have to directly relate to asking about your well-being after the incident. If numerous people wished you a happy birthday, those posts could potentially be used to indicate that you have a strong support system, which could work against any claims of emotional turmoil due to loneliness and isolation.

If you hope to file a legal claim in relation to an injury-causing accident, you may wish to remain aware of any social media you and others close to you participate in as it could impact your personal injury case.

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