Gardberg & Kemmerly, P.C. Attorneys at Law

Social Media and Your Personal Injury Claim


Facebook, Twitter, Instagram, LinkedIn and other popular social sites have long established themselves as a medium to keep in touch with friends and family regarding your life’s status. However, they can also be a sneaky tool used by insurance companies to undermine your legal claim.

More and more courts are allowing posts made on Facebook and Twitter to be considered 'discoverable’. Being 'discoverable’ means that defense attorneys and insurance companies may be allowed access to anything you post online to possibly use at trial. This can include information you posted to social media sites regardless if your content was initially marked 'private’ at the time of posting.

An experienced attorney will tell you that the details of your legal claim should only be discussed between you and your attorney. This is because the potential for limiting your recovery by posting status updates or photos of yourself on social media websites is high.

A common but scary example is easy to demonstrate:

You take a photo of yourself a month after your car accident. In the photo you are smiling but there are no signs of bruises, casts, or other injuries. An aggressive defense attorney or insurance company may use this photo and present it to a jury as circumstantial proof that you were not as injured as you claim.

Although this example may seem unfair, especially if the photo is only of your face and your injuries are to your lower body, more and more courts are allowing the content you post on websites to be used during trial. An experienced and modern attorney will help explain what you should and should not have available on these social media websites.

No Comments

Leave a comment
Comment Information
Email Us For A Response

Tell Us About Your Case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Firm Contact Information:

1015 Montlimar Drive, Suite B4
Mobile, AL 36609

Map & Directions

Phone: 251-243-7872
Toll Free: 877-539-1739
Fax: 251-342-3747

Mississippi: 228-435-4000
Florida: 850-458-1226