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Personal Injury Claim in Texas: Social Media Edition

Have you been injured? Let's talk about what you should do when you have an open personal injury claim in Texas, and you're also using Social Media platforms. Insurance companies and defense attorneys can use social media in different ways to discredit your case. Such as:

  • Posting about your recovery can minimize your injury

  • Comments or pictures can be taken wrongly

  • Posting details can create misinformation

  • Posts about your condition can be used to show your claim is inconsistent.

  • Posting about medical issues can give the insurance company something to hold against you

  • Pictures of you moving about or doing something physical can discredit you and your injury

  • Pictures of you ENJOYING any activity can counteract feelings of "distress"

  • Venting about the person who caused your injury can be used against you as a claim of "revenge."

Is it better to deactivate social media or make it private?

Deactivating social media is always better than making your account private. Investigators can easily work around privacy settings, and in certain cases, the opposing counsel can subpoena social media records. This would mean that they would have a court order allowing them to access your social media, where privacy settings wouldn't be relevant anymore. You'll be much better off by stopping social media for the entirety of your claim.

If you continue to use social media during your case: Switch your profiles to private.

  • Never accept a friend request from someone you don't know

  • Ask your friends and family not to tag you in anything

  • Do not post anything about your case, EVER

  • Make sure friends and family know not to post about your case

  • Do not post about any settlements you get

  • Carefully think about every post you make. Deleted things can always be recovered!

  • If you don't know what to say or post, don't post or say ANYTHING

As always, if you have questions, please visit our website: www.ashmorelawfirm.com




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