Social media is widespread, allowing users to remain updated on news, media, and friends. However, uncontrolled activity might lead to unintended information that can come back to harm us later in life. Social media posts are frequently used to confirm accounts told by police, juries, insurance companies, and others, potentially influencing the outcome of a case.
Any information you post can and will be used against you in court.
It is especially true for accident victims who utilize social media. A competent personal injury attorney would advise you to exercise caution when using social media. If you’re uncomfortable with social media, avoid it until your accident case is completed.
However, in a personal injury lawsuit, what you publish on social media can greatly influence the result. Here’s how:
Potentially Damaging Evidence
Insurance companies and defense attorneys may scan your social media sites for any information that might be used against you. Innocent-looking posts or images might be misinterpreted and utilized to call into question the severity of your injuries or the veracity of your claims.
Concerns about privacy
Even if you set your social media profiles to private, there is no guarantee that your postings will not be accessed. Friends of friends or screenshots of your stuff might fall into the hands of the wrong people.
Contrary claims
Social media posts may accidentally contradict claims you make during the lawsuit. Innocent online conduct or incident might be regarded differently in court.
Impact on Damages
Social media behavior might have an impact on the computation of damages. For example, posting about engaging in physical activities despite claiming major ailments may cast doubt on the degree of your limits.
Credibility Perception
Your internet presence can impact how the jury views you. Inconsistent posts or anything contentious may jeopardize your credibility as a litigant.
To Defend Your Personal Injury Claim:
- Limit Social Media Activity: Avoid posting on social media until your case is decided.
- Adjust Privacy Settings: Tighten your privacy settings, limit access to your accounts, and be wary about accepting new friend requests.
- Mind Your Content: Avoid revealing facts of your case, injuries, or claim-related activity on social media.
- Inform Friends and Family: Request that close friends and family refrain from tagging you in postings or mentioning your case online.
- Seek Legal Advice: Discuss your social media usage with your personal injury attorney during your case.
Remember that what you put on the internet might affect your personal injury claim. To protect your interests and guarantee a fair conclusion of your case, you must proceed with caution and limits.
Social Media is a Tool for Lawyers and Investigators
Attorneys and detectives use social media to help in personal injury cases. They use posts and images from individuals to challenge or make harm claims, providing valuable information like geolocation, daily activities, and personal behavior.
If a victim sues the offender, their insurance company may require documentation of their agony. Investigators use platforms like Facebook, Twitter, and Instagram to gather evidence, exploring friends’ networks, following lists, websites, and LinkedIn profiles to prove their side.
It can save hundreds of thousands of dollars. Insurance companies use various criteria to determine the best course of action.
Here are some of the most popular criteria used by insurance companies:
- Do social media posts show you are cheerful or engaged in routine activities?
- Do you have a busy social life?
- What places does your data indicate you visited?
- What details about your accident claims does it reveal?
- Are you engaging in activities that may be causing your injuries? Are your activities conflicting with your doctor’s medical treatment plan?
The main truth is that you should expect the defendant to scan the internet for any information about you to fabricate a story that undermines your personal injury claim. It is why skilled personal injury lawyers advise against using social media.
Lastly, social media has a significant influence on personal injury cases. It may impact the result of your lawsuit, influencing your credibility, damages, and privacy. To protect your case, use caution and avoid publishing your injuries, activities, or the specifics of your claim on social media.
It is critical to be cautious about what you disclose, to alter your privacy settings, and to obtain legal counsel from an auto accident lawyer.
By being cautious about your social media presence, you might protect your interests and raise the odds of a positive conclusion to your personal injury lawsuit.
