It seems like everyone is on social media these days—everyone from your grandmother to the experts for the defense in your personal injury case. It may seem like an invasion of privacy, but your social media posts can be used against you in any type of legal case. This includes cases where you are attempting to prove an injury due to negligence on the part of someone else.
If you feel that you have been injured due to an accident or negligence, it’s important to remember that the person or business you are accusing of causing that injury will also be fighting to prove that you are not injured, or that they are not at fault. Your social media activity could actually help them win if you are not careful.
Your Social Media Posts Can be Used Against You
If you are not careful with what you post following an accident or injury, you may be inadvertently giving the defense evidence against your claims. Remember that defense attorneys are looking for inconsistencies and untruths in your claim. For example, if you claim that you have suffered a back injury due to the actions of someone else, and yet you post on social media that you were swimming with your kids or mowing the lawn following the incident, that post can be used as evidence that you are not as hurt as you claim.
In addition, if you are claiming emotional distress due to an accident, but you are posting photos that seem to show you enjoying life and being happy with friends and family, those moments of happiness may be used against you by the defense in your case.
Photos can be particularly tricky, as anyone in the photos you post may also be called in to be witnesses for the defense in your case to prove you are not as injured as you say. By posting any photos that may be misinterpreted, you may also be dragging friends and family into your case.
Take a Break From Social Media Posts
The best advice following any kind of accident or injury in which you may be involved in litigation is to take a break from social media altogether. Refrain from posting anything about the accident or your injuries. Also ask close friends and family not to post about the incident, and make sure that you are not tagged in any posts following any accident.
If refraining from social media all together is not possible, then ensure that your privacy settings are strong, and only your close friends and family can read your posts. You may even consider a “friends cleanse,” and get rid of connections to people who are not really your friends.
It’s always a good practice to monitor carefully what you post to social media. Especially in a situation where you are pursuing legal action against someone, you want to make sure that your own posts do not discredit your case. If you have been injured in an accident, or due to the negligence of someone else, it’s important that you contact an experienced personal injury attorney. Your attorney will help guide you through the legal process and may be able to help you receive compensation for your losses.
References:
Rohampton, J. (2017, June 08). Can Social Media Have An Impact On Your Personal Injury Claim? Retrieved June 19, 2017, from https://forbes.com/sites/jimmyrohampton/2017/06/08/can-social-media-have-an-impact-on-your-personal-injury-claim/2/#471973d81cf0
Caudle, S. R. (2016, May 06). Could Social Media Impact Your Personal Injury Claim? Retrieved June 19, 2017, from http://huffingtonpost.com/stephanie-r-caudle/could-social-media-impact_b_9858366.html
How Can Social Media Negatively Impact Your PI Case? (n.d.). Retrieved June 19, 2017, from http://jdsupra.com/legalnews/how-can-social-media-negatively-impact-41353/
