Social media provides a great platform where people can connect with friends and share a lot of things about their lives. But one of the most interesting things it is that, once you post or relay certain information, it’s almost impossible to keep it under wraps or entirely get rid of it.
It’s not uncommon to find social media users inadvertently posting something that comes back to haunt them later on. This is painfully true for personal injury victims that are involved in lawsuits resulting from car accidents, medical malpractices, slip, and fall as well as assault and battery cases.
It is quite understandable that you would want to go on social media to inform your friends and loved ones about an accident you were recently involved in and sort of reassure them that you are okay. But did you know mentioning details of your injury or claims on social media could end up damaging your case?
Why It Is Advisable To Steer Clear of Social Media When Pursuing an Injury Case?
Any experienced personal injury attorney would advise victims to be extremely cautious about what they post on social media while their injury case is ongoing. This is because insurance investigators, insurance adjusters, and defendant attorneys can sometimes search for your social media posts and pictures to use them against you in court.
Evidence from Social Media Can Distort Your Claims
Being a car accident or slip and fall victim, you might be seeking compensation for broken bones, concussions, traumatic brain injury, or chronic pain. If you post pictures of you skiing, exercising at the gym, or taking yoga classes on Facebook, the defense or insurance company could pick that up.
Even something as harmless as checking in to your favorite places on Facebook or Foursquare account during the lawsuit could cast some doubt into your claims. Ideally, when you’ve suffered serious injuries, anyone would expect that you have limited mobility or an inability to engage in physically demanding activities.
In essence, a Facebook, Twitter, or Instagram post could ruin your case or dampen the chances of recovering damages because it may:
- Bring out something that contradicts your testimony (can be from Friends or family comments)
- Inadvertently show that you are able to physically engage in certain activities after an injury
- Uncover contradicting witness statements
- Provide photo evidence of you in action
Are Social Media Posts, Photographs, and Videos Really Admissible in Court?
Yes, in most instances. As long as the social media activity complies with the rules of evidence for admissibility. The Florida courts have consistently allowed social media activity to be admissible in a personal injury action if the social media activity can be shown to support or contradict the claims being made in a personal injury lawsuit. Courts in Florida have also held that there is no right to privacy on social media posts, even if the setting was set on private.
Your social media post could be a trap as dishonest attorneys, investigators and insurance adjusters will almost always do anything to twist your words or posts. You might even adjust your social media privacy settings to Friends Only but the defense could have a mutual friend with you, from whom they can get voluntary disclosure.
What Can You Do To Protect Yourself On Social Media During A Personal Injury Case?
There’s a lot you can do to ensure your social media presence does not affect your car accident, slip and fall, or any other personal injury case in court. The safest thing to do could be to steer clear of social media.
But if you really must use social media, be sure to observe the following:
Do Not Post Anything Regarding Your Accident or Pending Case
As tempting as it might be, avoid posting info or recent photos about your injuries, recovery, or any accident details. The evidence gathered from your posts might be used against you in court to justify any inconsistencies in your statements.
Avoid Posting Arguments or Replies about Your Case
If your accident was highlighted in a news outlet, people will most likely react to the story on social media. But try as much as possible not to engage in any arguments or reply to conversations touching on your accident or claims case.
Avoid Engaging With Strangers
While your personal injury case is ongoing, it would be wise and prudent of you to avoid accepting friend requests from or interacting with people you don’t know. Those strangers you engage on your social media page could be investigators or defense attorneys trying to snoop around for some info to use against your case.
Avoid Posting Photos of Yourself Drinking or Partying
Drinking or partying might seem harmless but it might be taken out of context. So if don’t want to take any chances on your personal injury case, avoid posting photos of you drinking and marrying.
Ask Your Friends and Family Not To Mention Your Case
The defense attorneys will obviously be searching online to find anything that can help them win the case for their client. As much as you might be careful about what you post, your family or friends could end up screwing up everything by posting sensitive info about your injury or accident.
As a matter of precaution, tell your family members or friends not to share any details of your ongoing case. You and anybody closely associated with you should simply lay low on social media until the case is fully resolved. That’s the best bet you can make.
Contact an Experienced Florida Personal Injury Attorney for Help
If you’ve been involved in a vehicle or motorcycle accident and are seeking compensation or claims for personal injuries, finding a qualified and experienced attorney in Florida is very important. The attorneys at the Bodden and Bennett Law Group will help you every step of the way, including helping you build, file, and present your personal injury case in court.
Your attorney will also provide expert advice and guidance through every stage of the case, letting you know the things you should do and the things to avoid for a favorable outcome. That guidance may include offering advice on social media pitfalls that might otherwise jeopardize your case.
Get in touch with us today if you want to pursue a claim on an accident, battery, medical negligence, or any other type of personal injury. We’ll guide you through the entire court process and do our best to ensure you win the case and get the compensation you deserve.
