For most people, there is not a day that goes by that does not include using social media to some degree. Many of us wake up and take photos of ourselves in bed just to post on Facebook, “just woke up.” Some of us actually get paid to be on social media, and others just cannot imagine a day without Instagram, Facebook, or SnapChat. The art of social media has somewhat become second nature for this generation. Because of this, when you or your loved one has an ongoing personal injury case, social media can be your worst enemy.
Knowing how individuals use social media to vent, as a diary, or simply to share their lives with others, investigators often look at your social media platform to debunk details of your case. If you are currently in the process of pursuing a personal injury claim, social media can potentially make matters worse.
Social Media Harming Your Case
Personal injury cases stem from an individual being physically, emotionally, or even mentally harmed due to the lack of care and negligence of another party who had a responsibility to be careful. These occur when someone runs a red light, fails to adhere to safety regulations in their establishment, or intentionally causes harm to another party. In many cases, liability is clear and it is easy to place the fault of the injury on the right party. However, if the claims made are that this injury has in some way prevented you from doing something or caused you pain to the extent of something else, social media posts can challenge those claims if you are not careful.
Be Careful What You Post
If you have been injured due to someone else’s negligence and have not been able to return to work, the outcome of your personal injury case is very crucial to you and your livelihood.
In many cases, opposing counsel (who represents the accused individual) may request your social media accounts and posts during their request for discovery. Anything they discover can potentially be used against you. For example, if you make claims that you are unable to drive due to the injuries you have received and happen to post a photograph of yourself behind the wheel of a new car, this can be used in the other party’s favor when determining the settlement amount. In this case, what may make the most sense is a snippet of your Miranda Rights, “anything you say can and will be used against you in the court of law.” Knowing this, please be mindful of everything you post on social media when you have a pending personal injury case. Speak with a personal injury attorney, like a personal injury attorney in Dekalb, GA, for legal counsel in these matters.
Thanks to the law office of Andrew R. Lynch for their insight into the importance of being careful on social media when you are in the midst of a personal injury claim.