Many people know that posting on social media during a personal injury case can damage that case. But what type of posts can be a problem and how? Here are a few examples so you can decide how to handle your own social media presence.
Your Own Posts
Anything you write or post on your own social media accounts can be used against you in court. This includes accounts you may have set to 'private', as the opposing lawyers may be able to access these accounts such as pretending to be acquaintances or friends of an account you follow. Similarly, don't rely on an alias or a fake account to remain anonymous.
Along with your own accounts, the insurance company's team is likely to scrutinize the available posts of friends you follow or who follow you. You should request that friends refrain from including mention of you in any form of social media postings.
Social media is often a stress-reliever or a way to express yourself. But this can be dangerous when a personal injury claim depends on proving your physical and emotional state. A status update that may seem innocuous could be parsed by the other side. Even a post about how you're looking forward to summer could be used to argue that you aren't really affected by PTSD or anxiety as caused by the incident.
Look at your connections beyond just your friends. Are you connected with a gym, with an outdoor club, with a mom group, or a local antique car restoration club? These could be risky in a few ways. First, if you attend any event, you may find yourself in photos that are later posted to other accounts. And it also gives the opposing attorneys a place to look for something they can use—such as which gym you attend and what you do there.
Never assume anything can be permanently wiped from the internet. Deleting posts that may be misconstrued or suspending accounts doesn't necessarily mean that this information isn't still available somewhere. It could have been re-posted on another account or even saved in an archive. Forensic technicians can often find social media posts users thought were long gone.
Want to know more about protecting your case by wise use of social media—both past and present—during your case? Start by meeting with an experienced personal injury lawyer in your state today.
For more information, contact an injury attorney.