Social media is everywhere nowadays and many of us partake in the act of oversharing every aspect of our lives, no matter how mundane or eventful it might be. For the majority of people, this might not be too much of an issue, but for those who are currently in the midst of a personal injury case, posting on social media can derail the outcome of a case.
Even if you are not making any posts that are directly related to your accident or injuries, a lot of information can be gleaned from indirect posts, which can easily be misconstrued and twisted against you.
Why Are Social Media Posts Admissible?
Social media posts are admissible in court because they are considered to be public record and as such, they can be used as evidence. Even if you have made your accounts private and have blocked certain people, the court can still access this information if it is relevant to the case at hand.
In addition, there is no guarantee that all of your posts will remain private or that all of your friends will not be able to share them with other people. As a result, it is best to avoid discussing anything related to your injury or accident on social media and instead rely on speaking with your attorney for advice.
Why you should refrain from engaging in social media while pursuing a personal injury lawsuit:
Anything that you post on your social media profile can potentially be used against you in court and can undermine the outcome of your case. Even innocent posts that do not directly reference your accident or injuries can be misinterpreted or twisted in order to discredit your claim.
- Your posts can be misleading when it comes to the extent of your injuries: Photos, videos, or even statements about your wellbeing can all be taken out of context. Given how intent most insurance companies are on making sure you receive as little compensation as possible, it is imperative that you protect yourself and avoid providing any information they can potentially use to argue that you are not as injured as you claim to be. Social media activity is fun, but that moment of fun is certainly not worth losing much-needed compensation over.
- Your posts might make it seem as though you were not emotionally impacted: Part of compensation in personal injury claims include pain and suffering. If you post a photo of you smiling and enjoying social life, it could weaken this aspect of your claim. You might have only just smiled for the photo because you were at a birthday party or among family, despite being in pain, but the insurance adjusters will not care about what you were actually feeling.
It will be used as proof that the accident and your injuries had little to no impact on you. Do not let them take these few moments of levity in your daily life to take away the compensation you need to get you through this difficult experience.
- You need to worry about more than your own account: How many times have you been tagged in a friend’s photo album or a picture on Instagram? The fact is that, even without you actively posting on social media, others might do it for you.
Ask your friends and family to refrain from tagging you on social media posts, or change your settings so that your approval is required. Insurance companies will likely look through posts made by your friend requests to attempt to find anything that could be potentially useful against your case.
What not to post on Social Media After an Accident?
- Pictures or videos of the accident scene.
- Personal information, such as your address or phone number.
- Negative or derogatory comments about the other driver or involved parties.
- Details about any injuries or medical information.
Las Vegas Personal Injury Attorney
If you are pursuing a personal injury lawsuit for injuries you sustained due to another party’s negligence, you need to work with a Las Vegas personal injury lawyer.
At Shook & Stone, our compassionate attorneys understand the legal process can be incredibly overwhelming and intimidating, which is why we are here to make the process as simple as possible for you. Our skilled team is backed by over 85 years of combined legal experience, which we will put to work for you.