TBI Claims and Social Media: What Not to Post During Your Case in Florida

If you’ve recently suffered a traumatic brain injury (TBI) in Florida, you may be feeling confused, overwhelmed, and unsure about the next steps in your legal journey. We understand that this is a difficult time, and we want you to know that you are not alone. At Serrano Law, we are here to help you navigate the complexities of a TBI claim. Our team is empathetic to the concerns you may have, especially when it comes to protecting your legal rights and pursuing the compensation you deserve.

One area that often causes confusion for individuals pursuing a TBI claim is the use of social media. In today’s digital age, it’s easy to turn to social platforms to share your thoughts and experiences. However, when you’re in the middle of a legal case, what you post online can have a significant impact on your claim. This is especially true for traumatic brain injury cases, where your physical and emotional well-being may be under close scrutiny.

In this blog, we’ll explore how social media can affect your TBI claim in Florida and explain what not to post while your case is ongoing.

How Social Media Can Affect Your TBI Case

Social media can be a powerful tool for staying connected with friends and family, but it can also be a double-edged sword when it comes to legal matters. What you share online can be used as evidence in your case, and it may affect how the opposing side, including insurance companies or defense attorneys, views your injury.

Even seemingly harmless posts can be misconstrued, taken out of context, or used against you. Insurance companies and defense attorneys often monitor social media profiles to find evidence that could weaken your case. For example, if you’re claiming that your TBI has significantly impacted your daily life, but then post pictures of you engaging in activities that seem physically demanding or far from what you describe, it could raise doubts about the extent of your injuries.

As you move forward with your TBI claim, it’s essential to understand that anything you post online, whether it’s a photo, video, status update, or comment, can potentially be used as evidence in court. Even if your posts seem private or only visible to a small group of friends, they may still be accessible to opposing parties through various means.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

What Not to Post During a TBI Claim

Given the potential risks of posting on social media during your TBI case, it is crucial to be cautious about the content you share. Below are some general guidelines on what not to post while pursuing your TBI claim in Florida.

Do Not Post About Your Injury or Recovery

While it may be tempting to share updates on your condition with your friends and followers, it’s important to be cautious. Any posts related to your injury or recovery can be used to challenge your claim. For example, if you post about a recent visit to the doctor or a treatment plan, the defense may try to argue that your injury is not as serious as you claim.

Additionally, sharing too much personal information about your symptoms or the impact of your injury could give the other side ammunition to dispute your case. Even if you’re only venting or seeking sympathy, these posts could be taken out of context.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Avoid Posting Photos or Videos That Show You Engaging in Physical Activity

One of the most common pitfalls for individuals with TBI claims is posting photos or videos that show them engaging in physical activities. If you’re claiming that your TBI has made it difficult for you to engage in certain activities, but you post pictures of yourself participating in those activities, it can severely hurt your case.

This includes things like posting pictures of you at the gym, playing sports, or attending events that require physical exertion. Even if these activities seem minor or don’t appear to aggravate your symptoms at the time, they can still be used to suggest that your injury is not as debilitating as you claim.

Do Not Discuss the Details of Your Case Online

It can be tempting to share your legal journey with others, but talking about your case online can be harmful. Avoid discussing the specifics of your TBI case on social media, especially details about the accident, your treatment plan, or any conversations you’ve had with your attorney.

Publicly discussing your case can give the other side insight into your strategy, which can be used to challenge your credibility or weaken your position. It is always best to keep details about your case private and leave any communication regarding legal matters to your attorney.

Steer Clear of Negative Comments About the Defendant or Insurance Companies

When you’re going through a tough time, it’s natural to feel frustrated or angry about the circumstances surrounding your injury. However, posting negative comments about the defendant, insurance companies, or other parties involved in your case can work against you. These posts could be seen as inflammatory or unprofessional and could hurt your credibility in court.

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Even if you’re venting your feelings, remember that anything you post online could be used to undermine your case. It’s best to keep your emotions in check and avoid making public statements that could be perceived negatively.

The Importance of Privacy Settings and Account Management

While it’s important to be mindful of what you post on social media, it’s equally important to consider the privacy settings of your accounts. Many people assume that by adjusting their privacy settings, they can keep their posts private. However, this is not always the case.

Even with strict privacy settings, posts can still be accessed through various means. For example, a friend or family member may accidentally share a post, or a screenshot of your content could be circulated. Additionally, opposing parties may request access to your social media accounts during the discovery process, which means they can legally access your posts, even if you believe they are private.

As a general rule, it’s best to avoid using social media entirely during your TBI claim. If you must post, be extremely careful about what you share and who can see it. If you’re unsure, it’s always a good idea to consult with your attorney before posting anything online.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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What Should You Do Instead?

While it’s best to avoid social media during your TBI claim, you may still want to stay connected with friends and family. There are some steps you can take to protect your case while maintaining communication with your support network.

First, consider limiting your social media activity. If you do choose to post, keep it general and avoid discussing anything related to your injury or legal case. Focus on sharing positive updates or non-sensitive content that won’t jeopardize your claim.

Second, consider turning off location services and making your accounts private. This can help prevent unwanted attention and ensure that your posts are only visible to a small group of people you trust. Finally, if you’re unsure about a specific post, it is always wise to consult with your attorney before sharing anything online.

Protect Your Rights with an Experienced Attorney

If you’ve suffered a traumatic brain injury and are pursuing a claim in Florida, it’s essential to work with an experienced attorney who can guide you through the process. At Serrano Law, we understand the challenges you’re facing and are here to help you achieve the best possible outcome for your case. We are committed to protecting your legal rights and ensuring that your case is handled with the utmost care and professionalism.

If you need assistance with your TBI claim, contact us today. Our team is ready to support you through every step of the legal process. Let us help you get the compensation you deserve and move forward with your life.