Maison Law’s team of California personal injury lawyers helps injury victims understand their rights and options by dispelling many of the myths that are out there about the legal process. In today’s digital world, there’s a lot of different ways you can share information with people, none more so than social media. But this might also impact your case. Our team can make sure your claim is protected. Contact us today for a free consultation to learn more.
How Do Social Media Posts Affect Your Case?
When you’re hurt in an accident, it’s very challenging. Worse yet, when it happens because of someone else’s negligence–and was thus likely preventable–it’s even more difficult. This can make you feel very frustrated, and when that happens, one outlet is social media. But unfortunately, everything you say or do comes into play when you file an injury claim.
So, social media posts can definitely affect your case in one way or another. Here’s how:
- Credibility – First and foremost, posting negative things on your social media is going to hurt your (and your case’s) credibility. Posting about feeling fine or doing things you say you can’t do can make you seem less credible.
- Evidence – Insurance adjusters are highly trained to find anything they can to devalue your claim. This includes social media, which they can comb through and find things that show you might not be as hurt or as affected by the accident as you claim. For instance, if you post pictures of yourself doing activities you claim you can’t do because of your injury, it might hurt your case.
- Privacy – Social media, at its core, is a public forum. This means that virtually anything you post is public, meaning that anybody has access to it. This is one way insurance adjusters or even witnesses can see posts and use them against you.
- Legal options – In the legal process, one of the first things we tell our clients is to not post anything on social media for all of the above reasons. That said, deleting posts can also be seen as trying to hide things. That’s why it’s always a good idea to remain calm and think about your potential legal options before posting.
Social media posts are just one way that insurance companies and lawyers can reduce their liability and hurt your case. But there are other things you can do that can protect and strengthen your case.
How Can You Protect and Strengthen Your Case?
Filing a claim for damages–or making a case–is all about getting the important information and evidence that shows what happened and tying it to your injuries and other losses. This process starts right after the accident happens, and carries over to the legal process itself. So, to here’s what you need to do to protect and strengthen your case
- Stay composed – Feeling overwhelmed is natural, but try to stay composed. Take a second to calm yourself before you take any action. Then, if you’re injured, call 911 for an ambulance.
- Move to a safe area – If you can, relocate to a safer area to avoid further danger. If moving could worsen injuries, stay where you are until help arrives.
- Get medical care – Get medical attention as soon as possible, both at the scene with EMTs and at a hospital or urgent care. Early treatment is important for taking care of any injuries and preventing complications.
- Notify authorities – Report the incident to the relevant authorities or individuals, such as the police, 911, a store manager, or your employer, depending on the circumstances.
- Gather pertinent information – Collect important information from everyone involved. Record the location, time, details of vehicles or products, and other relevant facts.
- Document any evidence you can find – Take photos or videos of the scene, injuries, and any visible damage before making any changes. Also, don’t repair or fix anything of yours that’s damaged.
- Follow your medical advice – Stick to your healthcare provider’s advice and go to all of your scheduled appointments. Skipping treatment can negatively impact your health and your claim.
Every accident is unique, so some steps might not apply. However, by taking them, you can strengthen your claim–even in the face of things that can hurt your case for damages.
What Damages Can You Get in a Claim?
Because every case is different, the circumstances, evidence, and the way the process plays out is going to be unique to your particular accident. But the actual legal process and what’s available to you in a claim never changes.
There’s two main approaches: filing an insurance claim or pursuing a lawsuit. An insurance claim is resolved outside of court and is typically used for minor injuries or when you need quicker access to settlement funds. A lawsuit, however, can offer a better chance for full damages because it is managed by an impartial judge and jury, though it requires more time and effort.
Regardless of whether you choose to file an insurance claim or a lawsuit, you may be able to recover damages relating to your:
- Medical expenses
- Lost income
- Repair or replacement of damaged property
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life and companionship
- Punitive damages (in certain cases)
- Wrongful death costs
In California, you have two years from the date of the accident to file your claim. Missing this deadline may forfeit your chance to recover damages. The success of your case depends on how effectively you present it, so taking the right steps after the accident is crucial to strengthen your claim. While no outcome is guaranteed, our experienced team can help you achieve the best possible result for your damages.
Protect Your Case With Maison Law
When you file a personal injury case, having the right legal guidance and support can make all the difference. At Maison Law, our experienced team of California personal injury lawyers knows how to make your case strong and more importantly, how to protect it from negative outcomes. If you or someone you care about has been injured and wants to know more about your legal options, contact us today for a free consultation.