Your Personal Injury Case and Social Media: Tips From a Personal Injury Attorney on Avoiding Issues
Social media is a big part of most people’s lives these days. However, it’s important to be careful about what you post online when you have an ongoing personal injury case. Anything you post can potentially be used against you by the insurance company or defense attorney. A personal injury attorney is there to guide you, and as such, they want to provide some tips to help you avoid issues with social media that could jeopardize your case. Here’s some of those tips.
Contents
Be Careful What You Post About Your Injury and Recovery
It’s natural to want to post updates about your injury and recovery process on social media. However, these posts can easily be misconstrued or used out of context. Try to avoid posting specifics about how the injury occurred, your symptoms, treatments, or prognosis. Insurance companies often look for evidence that you are exaggerating your injuries. Vague posts like “having a bad pain day” are less risky than detailed descriptions. Definitely don’t post photos or videos showing the extent of your injuries without discussing with me first.
Don’t Vent About the Other Party
It can be tempting to post angry comments about the person or company responsible for your injury. Resist this urge! Negative posts about the defendant will make you appear spiteful and could weaken your case. The defense will argue your lawsuit is just about revenge. Posts insulting the defendant could also lead to accusations of defamation.
Watch Your Tone and Content
The insurance company will likely comb through your social media looking for posts that contradict or undermine your injury claims. Don’t post about physical activities that you claim you can no longer do because of the injury. Be mindful of tone too – complaining about difficulties from the injury on social media while appearing happy-go-lucky in photos creates inconsistencies.
Be Selective With Privacy Settings
Set your social media accounts to the highest privacy settings. This prevents defense investigators from accessing your posts. Be aware though that privacy settings aren’t foolproof. Your posts could still be accessed by someone you are connected with or even hacked. So you still need to be careful about what you post even with tight privacy settings.
Consider Taking a Break From Social Media
The safest option is to take a break from social media altogether while your case is ongoing. Deleting your accounts for the duration prevents any risks from new posts. You can explain to friends and family that you are taking a temporary break for legal reasons. Staying off social media until your case is resolved removes the headaches of constantly worrying about how posts could impact your case.
Be Wary of Others Posting About You
You don’t have control over what other people post about you. A friend may upload photos showing you out socializing that contradict your injury claims. Ask close connections to avoid posting about your injury and recovery as a precaution. You can even do a weekly search of your name to check for any concerning posts from friends.
Social media requires caution when you have a pending personal injury case. Following these tips can help prevent your own posts from harming your chance of a favorable settlement or trial verdict. If you’ve been injured due to someone else’s actions or negligence, you may have a personal injury case. Reach out to a personal injury attorney today to schedule a consultation.