Social media has become a major part of everyday life. But for those involved in a personal injury lawsuit, social media activity can lead to serious consequences. What seems like a harmless post can end up affecting the outcome of a case.
Social media as evidence
Lawyers gather social media posts as evidence in personal injury cases. When an injured person posts photos or videos that suggest they are not hurt, they damage their credibility. For example, someone claiming a back injury might post a photo of themselves at a gym. The defense argues that the injury is not as severe as claimed, using that post as evidence. Even posts that do not directly relate to the injury can affect the case.
Privacy settings do not guarantee privacy
Many people believe that setting social media profiles to “private” keeps their posts safe from use in a lawsuit. However, this belief is incorrect. Courts can order individuals to provide access to their social media accounts if the posts relate to the case. Once a post appears on the internet, it can potentially work against someone in a lawsuit, even if intended to be private.
Tips for social media use during a lawsuit
Avoid posting anything on social media while a personal injury case continues. Avoid photos, status updates, and even comments that others could misinterpret. Assume that anything posted could be seen by the opposing party and used as evidence. Consult an attorney before posting anything online, and review old posts to ensure they cannot work against the case.
Social media can impact personal injury lawsuits in significant ways. Careless posts jeopardize a case and result in reduced compensation or even a dismissed claim. Staying cautious and mindful of what gets shared online can help protect a personal injury claim from unwanted consequences.