Social media posts are not sacred. When it comes to personal injury cases, Facebook and other posts to social media can serve to tank your case!
We are deep into the electronic age, we all know how easy it is to find information. It’s not uncommon for a defendant in a personal injury case to examine social media posts made by the victim.
Types of Posts that Could Harm Your Case
The biggest cause for concern is photo posts of the injured person doing things that should be restricted while recovering from injuries. For example, if your case involves irreparable spinal damage, a photos of you hiking with your buddies could harm your case. This is true even if the photo was a “throwback Thursday” and taken before the injury-causing accident.
Another type of post that could harm your case is explaining details about the accident. Even if you’re posting to a friend, depending on your friend’s privacy settings posts and comments may be public and easy to find. Posts about the case may be misconstrued, taken out of context, or otherwise used to benefit the defense.
Defense lawyers will try to use any evidence against the victim in a personal injury case. That is their job. Don’t give them the evidence they seek.
Facebook is the number one social media site to avoid or at a minimum be very careful on if you’re pursuing a person injury claim. But sites like Twitter, Pinterest, LinkedIn, and even YouTube may be monitored by the opposing party. Insurance adjustors are known to monitor posts to Twitter and photos posted to Pinterest.
Further, because of LinkedIn’s focus on professional networking, insurance claims adjustors or opposing counsel in your case could pose as someone looking to build a professional connection.
Do’s & Don’ts of Posting While Pursuing A Personal Injury Claim
Don’t post photos of yourself performing activities that an injured person may not be able to perform, even if the photo was taken before the accident occurred.
Don’t post about the accident at all. Do not post information about your injuries, treatments, recovery, or updates on your case status. Avoid posting information even if you consider it factual in nature.
Do delete posts made prior to the accident that may be relevant to the case, such as posts about previous injuries or parts of the body that had previous conditions. Such posts can be used against you and may harm your case.
Do increase your privacy settings on every site you have profiles on.
Our best advice: avoid posting to any social media sites while you’re pursuing your claim. You don’t want your personal photos or posts being used against you in court proceedings.
All of us here at Miller Lathrop are highly experienced, skilled, and compassionate advocates for our clients. We’re dedicated to making a difference in the life of each person we represent. Combined our attorneys of Miller Lathrop have more than 50- years of successful personal injury advocacy that is demonstrated by numerous testimonials.