Personal Injury and Social Media

Do you actively participate in social networking? Do you Tweet or post updates on Facebook?

If the answer is yes and you have a personal injury case, our advice is that you either limit your involvement or stop it all together.

Recently, a New York State Supreme Court ruled that a woman had to release her private Facebook and MySpace accounts to defense counsel. The purpose was to challenge her injury claims.

This ruling has increased the need for an injury victim to be cautious in what they say and post on social networking sites.

You also need to understand that even if you have privacy settings turned on, attorneys are still permitted, through discovery, to obtain your information. You may think that deleting your posts and photos will solve the problem, but it often looks as though you are trying to hide something.

Advice to Personal Injury Victims

As a personal injury firm, we strongly recommend you think before you post. This holds true regardless of whether you are an accident victim or not. If you don’t want something to come back to bite you, then don’t post it.

Defense counsel will not hold back when trying to harm the reputation of a personal injury victim. What should you do?

  • Hire an experienced personal injury firm with a record of success against the insurance industry.
  • Avoid talking or writing about your case with anyone, except your personal injury attorney.
  • Be honest. It’s important that you tell the truth from the beginning so your attorney can build your case. Discovering something unfavorable later in your case can be a difficult obstacle. If it’s known at the onset, we can prepare for it.
  • Anything you post online can be used to discredit your case. This includes Facebook, My Space, Twitter, online forums and other social media sites.  

Social media is not going away. Smart attorneys know this and will use social media to their advantage. If you have been injured, contact Ross Cellino or Steve Barnes today (800-621-2020). Our attorneys are available 24/7 to help you.

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