Social Media & Injury Cases: What Not to Do

Being injured in a preventable accident is no easy experience, especially when there are a number of important steps you should be taking to protect your rights and ability to recover the financial compensation you deserve. If you or a loved one have been harmed by another’s negligence, ensuring you take those correct steps is essential – and our legal team at Koenigsberg & Associates Law Offices can help.

Our Brooklyn personal injury lawyers are committed to acting as the first responders and advocates victims need following a range of preventable accidents and injuries. In addition to providing the representation they need to handle the legal complexities of their personal injury case and pursue a full and fair recovery of damages – including medical expenses, pain and suffering, and lost income – we also provide the guidance they need to make informed decisions along the way. This includes guidance about what they should and should not be doing.

One important step victims of any accident should be taking – whether it be a car accident or an accident that occurs while on another’s property – is to watch what they say. This is not to say that victims are being untruthful about the nature of their injuries, but rather a precautionary measure in light of the fact that insurance companies work aggressively to dispute, deny, and underpay claims.

If you use social media, remember the following:

  • What you say can be used against you – Whether it’s on social media or not, you should understand that what you say can be used against you in your personal injury case. Even if what you choose to share seems innocuous, it may possibly be misconstrued or misinterpreted, even unintentionally, as an indication that you may have been at fault or are not taking appropriate steps in your case, such as attending medical treatment. Just as you shouldn’t discuss details of your case with anyone but your lawyer, you should avoid sharing those details on social media.
  • Avoid apologizing – Just as you should always avoid apologizing or saying “sorry” after an accident, including car wrecks, you should avoid voicing any sentiments regarding apologies on social media. This is because apologies, even when they are made as simple polite statements, can be misinterpreted as an admission of fault, and used to say you caused or contributed to an accident, even when you did not.
  • Avoid negative posts – While suffering a preventable injury due to the negligence of another can be frustrating, you should refrain from making negative posts. Not only may this unintentionally provide details about your case, it can also make for unwanted complications, such as exploitation from the defense or even claims of defamation if things go too far.
  • Don’t share photos – If you were wise enough to collect evidence after an accident, including photos of the scene, injuries, or property damage, you would be wise to avoid sharing them. Photos can be vital pieces of evidence in your case, and you want to share those with your attorney. If anything, you should ask your lawyer whether sharing a certain photo with your friends is in your best interests regarding your case.
Social media is a small example of the care required in personal injury matters, and an illustration of the larger idea that all facts and details of your case should be reserved for discussions with only your attorney. Our legal team can help you take further steps along your legal journey when you call (718) 690-3132 for a free consultation.
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