Social media is a must these days with 69% of US adults having at least one social media account. Though the average internet-using American has about seven different accounts.
With this many different accounts, we are posting about every aspect of our lives all over the internet. Now, most of the time, this means posting harmless pictures of what you ate for breakfast.
But some things are best left unposted. When it comes to personal injury claims, you need to be careful about what you post.
Posting the wrong thing can negatively affect your case.
How Social Media Impacts Personal Injury Claims
The biggest problem with social media is that even the most innocent of actions can have a contradictory effect on your testimony. Your posts may give away what you can do. Or they may show you checking into places and happily participating in activities.
It isn't just about you either. Friends and family that witness the accident can contradict your statement of events. Or they could make incorrect statements about your condition or income level.
Disprove Physical Injury
To substantiate your claims of physical injury, your lawyer will use your medical records, experts, and witnesses. The defense's goal is to prove that your claims are unsubstantiated.
This could be showing that you aren't actually injured or your injuries aren't as bad as you claim. One way they will do that is by searching your social media.
Let's say that you are claiming that you can no longer participate in your much loved physical hobbies. However, the defense team finds images of you enjoying the very activity you claim you can no longer do.
You then risk the judge ruling against you because the evidence shows that you can participate in the activities when you claim you are unable.
Disprove Emotional Distress
When you suffer injuries in an accident, you may be able to claim emotional distress. This will include anxiety, depression, loss of enjoyment of life, withdrawal, and isolation.
However, the defense can use the fact that your friends and family wish you a happy birthday on Facebook to disprove this. How are you isolated and withdrawn if you have such a strong network of support.
This may sound like a loose connection. But it is a perfect example of how the defense will take anything they can and twist it to their advantage.
Your Posts Are Public Record
Anything that you put out publicly on the internet is now public record. This also includes anything that someone else posts about you.
That means that all of these public posts can be used against you in your personal injury claim. The only parts of social media that are safe are private messages. These cannot be accessed without consent or a warrant.
Why They Are Admissible
Different states use different theories to get social media post admissible to court. For instance, California considers them electronic communications. So they are relevant written statements.
Nevada's Rules of Evidence have social media posts admissible because they are statements made by a party to the case. Your friends and family's statements are also admissible if they contradict yours.
In Ohio, the use of social media posts is on the rise. Though similar to other states, there is a growing adjustment period where the court and Rules of Evidence need to catch up with the changing times and technology.
Best Practices for Social Media
The best course of action after an accident is to suspend your activity on social media. Even posts that seemingly have nothing to do with your injury can be detrimental.
At the very least you'll want to double-check that your account is set to private. You will also want to avoid accepting any new friend requests.
You should also ask that your friends and family do not post anything that is related to you or your accident. For the most security, they should set their profiles to private also.
Do not fall into the trap of thinking that you will do better than other people. All it takes is one slip up, and the defense team has their ammunition.
Check What Can Be Seen
One good way to protect yourself and your case is to find out what the defense can dig up. First Google yourself and find out what pops up. You may not be able to remove these results, but at least you can prepare for the defense to bring them in court.
Next, you should view your social media profiles as they are from a public view. You can do this in your settings. This will help you make sure nothing is visible to those who are not your friends.
Social Media That Puts You at Risk the Most
Facebook is the most popular social media platform in the world, which also makes it the most popular for attorneys to check when looking for evidence.
The second most trouble social media platform is Twitter. It tends to be an easy way for people to get thoughts out mindlessly. Don't let one impulse Tweet jeopardize your case.
The third most troublesome is Instagram. This picture-based platform tends to be another good source for contradictory evidence. Don't post a seemingly innocent picture that turns out to be damaging.
Protect Your Personal Injury Claim
The key thing to remember is that your social media posts can be used against you. Even the most seemingly innocent posts that have nothing to do with your injury. Sometimes these are the posts that can be the most damaging.
When it comes to filing personal injury claims, you need to help your lawyer by staying silent on social media. That way, you don't sabotage your claim.
Contact our office today, and let's discuss your personal injury claim today.
