Social media has become an integral part of our daily lives, and many of us use it to share updates about our lives and connect with others. However, social media can also have serious consequences in a personal injury case.
Posting on social media during a personal injury case can potentially harm the case and even jeopardize the plaintiff's ability to recover damages. Here are some of the dangers of posting on social media during a personal injury case:
Sharing information that contradicts the plaintiff's claim:
Posting on social media can provide a window into the plaintiff's life, and the information shared on social media can be used by the defendant to contradict the plaintiff's claim. For example, if the plaintiff claims to be suffering from severe pain and is unable to work, but they post photos of themselves engaging in physical activities, such as playing sports or traveling, or even something more innocent that can be mis-interpreted, the defendant could use these posts to argue that the plaintiff's injuries are not as severe as they claim.
Providing evidence of the plaintiff's fault:
Social media posts can also be used to establish the plaintiff's fault in the accident that caused their injuries. For example, if the plaintiff was involved in a car accident and posted about texting while driving or speeding, this could be used by the defendant to argue that the plaintiff was at fault for the accident.
Inconsistencies in the plaintiff's testimony:
Social media posts can be used to identify inconsistencies in the plaintiff's testimony. For example, if the plaintiff posts about an event that contradicts their version of events in court, this could be used by the defendant to challenge the plaintiff's credibility.
Demonstrating the plaintiff's mental state:
Social media posts can also be used to establish the plaintiff's mental state, and can be used to refute claims of emotional distress or mental health issues. For example, if the plaintiff posts about feeling happy and content, this could be used by the defendant to argue that the plaintiff is not experiencing the emotional distress they claim.
Social media posts can also influence public perception of the plaintiff's case. Posts that appear to be inappropriate or insensitive can damage the plaintiff's reputation and make it more difficult for them to receive a fair trial.
In order to avoid these dangers, it is important for plaintiffs to be cautious about what they post on social media during a personal injury case. Here are some tips for using social media responsibly during a personal injury case:
Avoid posting about the accident or the case:
Plaintiffs should avoid posting anything about the accident or the case on social media. This includes any details about the incident, the injuries sustained, or the progress of the case. Plus everything you discuss with your attorney is subject to attorney-client privilege and is confidential, but if you post about it online, you could lose that privilege.
Do not discuss the case with others:
Plaintiffs should also avoid discussing the case with others on social media. This includes family, friends, and even acquaintances, as these conversations can be used as evidence in court.
Review privacy settings:
Plaintiffs should review their privacy settings on social media and ensure that only trusted friends and family members can see their posts. But even then, follow these guidelines! You records could be subject to a subpoena and the defendant’s insurance company could gain access.
Be mindful of photographs:
Plaintiffs should be mindful of the photographs they post on social media, as these can be used to contradict their claims of injury. For example, if the plaintiff claims to be unable to lift heavy objects due to their injuries, they should avoid posting photos of themselves lifting weights or engaging in physical activity. Again, what seems like an innocent post could be used against you.
Consult with an attorney:
Plaintiffs should consult with their attorney before posting anything on social media during a personal injury case. An experienced attorney can advise you on what you should and should not post, and can help to protect their rights and interests in the case.
Don't wait to get the help you need. Call us today at 1-800-LAW-NEED (1-800-529-6333) to receive your free consultation with one of our experienced attorneys. We will review your case, answer your questions, and provide you with the legal guidance and support you need to move forward with your life.
Remember, time is of the essence in personal injury cases, so don't delay. Call us today at 1-800-LAW-NEED (1-800-529-6333) to get the help you need from one of the top-rated accident law firms in Georgia. Let us fight for your rights and help you get the justice you deserve.
All information provided by our blogs is general in nature and should not be relied upon as legal advice. Consult a Montlick attorney for details about your unique situation.