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Why Personal Injury Victims Need To Stay Off Facebook

Personal injury victims should stay off of social media such as Facebook during the pendency of a personal injury claim. There are many reasons, and some are set forth below.

social media FB


If your claim becomes a lawsuit the first thing that the insurance attorney will do is send written discovery relating to your claim and including discovery regarding your social media accounts. This is been a new trend in litigation and defense attorneys believe it will help them with their cross-examination of the witnesses.


If the defense obtains posts such as those you take on a vacation, they will use the information to suggest that you are not as injured as your medical records may indicate. Smiling faces and happy times can easily be taken out of context to suggest you are faking.


Even relatively harmless posts can offend some or lead to a wrong impression. Facebook and other social media posts have been held admissible and many different cases and actually have been used against people and criminal matters. Additionally, many courts have used social media posts in connection with jurisdiction determinations. Here is an article on how Facebook can hurt your car accident case.

Without a doubt posting on social media if you are a personal injury victim with the claim pending is not a good idea. Even the most harmless posts can be misconstrued and extreme caution should be utilized for anyone who has a claim pending.

Call us if you have been injured in an auto accident and need an attorney– 281-587-1111.  Or fill out the contact us form!

Greg Baumgartner

attorney greg baumgartner

Greg Baumgartner has practiced personal injury law since 1984. He holds not one but two law degrees and is a graduate of Trial Lawyers College. He is licensed in Texas and Colorado. Mr. Baumgartner has earned a reputation for exemplary results for his clients. And has been preeminent rated for decades and recognized by Top 100 Trial Lawyers, Super Lawyers, Expertise, Newsweek, Houstonia magazine, and many others. He has given educational talks to lawyers and many media interviews regarding personal injury cases.