Due to increasing social media connectivity, many people are in the habit of posting personal details about their daily life. This can create false impressions in personal injury cases. Every injured person needs to know how social media evidence can influence his or her case.
Woes of Social Media
Everything that is posted online is public information and can be recorded and tracked. As the saying goes, “the Internet is forever.” If you post a comment, status update, or a picture, it can be recorded and reproduced even though you previously deleted it. Commenting about an accident after it has occurred can influence the outcome of your case. Posting pictures after an accident can be used as evidence in your case. Because there are so many ways to damage your personal injury case with social media, these easy tips can help minimize the threat that social media sites can pose to your case.
1. Do not post anything about the personal injury incident.
Post nothing. Not a single picture, status, tweet, comment, or video. No matter how subtle you think you are being, anything you post is a public record and can be construed against you. Do not post about the incident, any treatment you receive, or any details of your case.
2. Check your privacy or security settings.
Make sure your privacy settings on both Facebook and Twitter are up to date and that you are aware of who can see what you are posting. Even with proper privacy and security settings, the best advice remains, “Do not post about your accident.” There is simply too much opportunity for misinterpretation.
3. Messages
Do not send any messages about the details of your accident via text, direct message, Facebook messenger, or email. These can all be recovered, even after deletion, and used against you. Only share these details with your lawyer in person.
4. Tell your friends not to talk about it
Even if you choose not to post about your incident, your friends can hurt your case as well. Inform your friends and family, or whoever you have told about the accident, that they do not have permission to post about your accident online. You do not know their privacy settings on their social media accounts. If they post details about your accident, others can discover this information and use it against you.
While these measures may seem extreme, it is necessary to protect yourself in your personal injury case. The first step many insurance adjustors and defense attorneys take when they receive a claim is to look for social media evidence that can support a denial of the claim.
If you have a personal injury case, the Clark, Cornett and Smith attorneys can advise you on social media issues. Our mission is to help our clients through their most difficult experiences. Contact us today to set up a free personal injury consultation.
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- personal injury
- social media