According to Statista, Facebook has more than 1.79 billion active users worldwide. When you consider that figure, it’s imperative to remember that anything you post on the Internet (i.e. Facebook, Twitter, Instagram, LinkedIn, etc.) has the potential to be used against you as evidence in a personal injury case.
Be cautious of what you choose to share online, as it could affect the ruling of your lawsuit.
The following article will present tips on how to protect yourself (and your case) in regards to your social media accounts. However, if you have been involved in an accident, and currently have questions concerning your online presence, contact The Flood Law Firm today by calling (860) 346-2695. We offer a free, no-obligation consultation to help you better understand your rights and options.
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As stated above, posts on social media can be used as evidence against you. For example, an attorney working for an opposing party may argue that someone smiling in a group photo taken during a weekend outing is not really suffering from post-traumatic stress disorder.
Social media offers the benefit of being a neat, chronologically-ordered catalogue of your life events. It’s conveniently complete with dates, corroborating witnesses and notes (user’s comments) on what you and others were thinking or feeling at the time. Yet, when it comes to the defense attorneys who are working against you, any online evidence (i.e. pictures, posts, “check ins,” etc.) can and most likely will be interpreted to counter your personal injury claim.
Few people realize that social media can be valuable to the opposing counsel’s team gathering evidence to discredit your injury. If you have been the victim of an accident that was not your fault, be cautious of what you post about it on Facebook, Instagram and all other forms of social media. This information could be misconstrued, and later used against you. A lawyer can help answer any questions or concerns you may have regarding social media postings.
Here are some tips on how to protect yourself on social media during a personal injury lawsuit:
Hospital photos, updates on your condition/recovery and even posts regarding your thoughts and feelings concerning the injury should be published with caution. While you may want to celebrate the “good days” or elicit sympathy during the bad ones, it’s important to know that the opposing party’s defense attorneys will be employing their own medical experts to create an argument that your injuries are not as bad as you claim. Don’t assist their case with any words or images, no matter how innocent you think your posts might be. If you’re unsure about what you can share, or how a social media post could later harm your case, speak with a lawyer to better guide you.
Ensure that only trusted friends and family can access your information, or refer to you in their own posts. Remember, anything “live” on your social media accounts that is visible to the world is a matter of public record. Therefore, it can be used by anyone who is able to access it.
If you get a friend request from someone you don’t personally know, even if you have a mutual friend, it may be best to ignore it until your case is concluded.
Remember, the attorneys representing the opposing insurance company are Googling your name, too. A regular check-in on your Internet reputation can be helpful to make sure that no posts about you or your condition are popping up without your knowledge.
Facebook, Twitter, Instagram, LinkedIn and other sites where you share status information are a common part of life. There’s no reason why you should have to completely delete your online presence while you’re pursuing a personal injury case. Still, it is important to exercise caution, and to protect your claim from innocent mistakes. If you have questions or concerns about social media affecting your case, speak with an attorney.
As Connecticut’s preeminent personal injury attorneys, The Flood Law Firm has the skills and knowledge to answer any questions or concerns you may have regarding your case. Contact us today for a free, no-obligation consultation by calling (860) 346-2695. With decades of combined legal experience, you’ve got nothing to lose.
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