This document discusses how social media posts can negatively impact personal injury claims in California. It notes that defendants will search for evidence on social media that calls into question the severity of a plaintiff's injuries or demonstrates comparative fault. It provides examples of problematic social media content like photos showing a plaintiff engaging in activities despite claimed injuries or references to intoxication. The document advises plaintiffs to make social media profiles private, avoid posting anything, and remove tags until their case is fully resolved to prevent their social media from being used against them in court. Plaintiffs can also potentially use defendants' social media posts that admit fault.

1. CAN SOCIAL MEDIA DERAIL
YOUR CALIFORNIA PERSONAL
INJURY CASE?
Don't let your social media posts derail your personal
injury case; talk with an experienced personal injury
lawyer at Samer Habbas & Associates. Contact us!
www.habbaspilaw.com

2. Why Is Social Media Risky?
Severity Of Injury
You seek compensation for your losses, such as car
damage and bodily injuries, in a typical personal
injury claim. A defendant—or, more likely, their
insurer—will look everywhere for evidence that you
are not injured. If they can find it, they can persuade
a jury to award you less compensation.
You can learn a lot about yourself on social media.
Pictures, status updates, and messages could all be
used to demonstrate that your injuries are not as
severe as you claim.
Comparative Fault
California is a state with comparative faults. This means
that your compensation is reduced by your percentage of
fault in an accident. Assume your total losses from a car
accident were $120,000. However, you are partially to
blame because you were speeding at the time of the
accident. In this case, you only receive half of the
$120,000, or $60,000.
As you might expect, defendants are eager to find any
evidence that shows you are at fault. That information
could be found on social media profiles.

3. What On My Social Media
Profile Casts Doubt On The
Severity Of My Injuries?
Photographs of you having fun with family and friends. They could
use this image to demonstrate that you are not in pain and are
exaggerating your injuries.
Status updates indicate that you have traveled. You might have
attended a niece's graduation in another state. Even though you
were in excruciating pain, the defendant may use this update to
call into question the seriousness of your injuries.
Status updates indicate that you did not attend rehab or physical
therapy. This information will be used by the defendant to blame
you for your disabilities.
Any post in which you complain about the quality of your medical
care. A defendant may argue that you should have seen a different
doctor. They are once again blaming you for your suffering.
An insurance adjuster might comb through your profile to find:

4. How Can My Social
Media Posts Impact
Comparative Fault?
A range of factors could be at play. For example, you could
share your memories of the accident on Facebook. If you're
not careful, you might say something that sounds like you're
accepting partial responsibility for the crash. Even something
as simple as "I didn't see the driver!" could be used against
you to demonstrate that you were distracted.
Insurance adjusters will also look for pictures of you
intoxicated. That "funny" college photo of you hungover on
some fraternity's lawn? That could lead to evidence that you
were driving while intoxicated on the day of the accident.

5. What Can I Do To
Protect My Personal
Injury Claim?
Set all social media profiles to private. They all should have this
option.
Stop accepting new friend requests. You never know; an
insurance adjuster could request that you add them as friends.
Don’t post anything, even on your private account. You have no
idea what someone might use against you.
Remove any tags involving you. Some sites, like Facebook, let
other users tag you in pictures. Ask friends not to do that or
remove the tags yourself.
We recommend the following steps:

6. Can I Use Evidence
From The Other
Driver’s Social Media
Posts?
Yes! This road runs both ways. Just as the other side
can try to use your social media, your attorney can do
the same. For example, the defendant could have
admitted fault for the accident in a post. We might use
that statement to bolster your compensation claim.

7. How Long Should I
Stop Posting On
Social Media?
Ideally, you will wait for your personal injury case to
conclude. That means you’ve signed a settlement and
gotten a check, or a jury has decided in your favor, and
there’s no appeal. In the meantime, you can stay in
touch with friends using the telephone—the old-
fashioned way!
Samer Habbas &
Associates P.C.

8. Experienced California Personal
Injury Attorneys
Address
200 Spectrum Center Drive,
Suite 1230, Irvine, CA 92618
Email
ssh@habbaspilaw.com
Website
www.habbaspilaw.com
Call
619-202-8172