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Counsel That You Can Trust & Depend On


Guy DiMartino
Nov. 4, 2014

Social medical continues to hurt personal injury victims who bring claims in Indiana and nationwide.

I tried the whole social media thing but it's not for me. I'm not into bearing my soul for the world to see – and the stuff is out there forever. Now, my sole purpose in social media is to keep up with the happenings of my twenty-something child.

This social media thing has really made an impact in lawsuits. Insurance companies and their attorneys are continuing to make a push in the courts to get an injured person's social media posts and pictures.

If you have been injured in a car accident, truck accident, motorcycle accident, medical malpractice or slip and fall, you should avoid social media to the best of your ability. And if you can't avoid social media, you should follow these suggestions:

  • Do not post anything about the facts of your accident

  • Do not post anything about your injuries

  • Set your privacy settings to the highest level

  • Make sure you actually know the person that you accept a friend request from

  • Look at the pictures that you post – and visual the picture blown up to 3' x 4' in front of a jury

  • Check the photos in which you are tagged

This is how social media can destroy a personal injury claim. The injured person gives a deposition and testifies that their life has been negatively impacted and they cannot go skiing any more. Before the car accident, the person would ski 6 times a season. Sometime later, the client posts that they just had a great vacation at some ski lodge – and a picture is posted of the client at the lodge. The insurance company gets this information and says the client lied about his/her injuries. I meet with the client and s/he explains that she went to the lodge but did not ski. This post injected an issue into the case that could undercut the client's ability to receive compensation and put his/her credibility at issue. We do not know if a jury will believe that the client did or didn't ski. The question is; Is it really worth it? If you have to continue social media posts after being injured in an accident – maybe the client shouldn't be making a claim!

If you have any questions about a Northwest Indiana personal injury claim, you can call our Michigan City personal injury attorneys at (219) 874-4878 or fill out the internet consultation form on the right.