When you are planning to file a personal injury lawsuit, it is crucial that you carefully monitor what you are posting on your social media accounts. Social media is prevalent today, and much of what you post can possibly be used as evidence against you in court. The following are some things you should keep in mind when dealing with social media during a personal injury case:
Access To Your Social Media Accounts
One of the first questions plaintiffs have with regard to social media is whether or not attorneys and insurance companies are allowed to have access to your accounts once you file a claim. In general, they will not be allowed to have carte blanche access to your personal social media accounts. They have the option to make a formal request to see parts of your account if they believe they can disprove your claim. If you have your accounts set to private, courts will not often grant this request. Keep in mind, however, if you have any part of your social media accounts open to the public, it is quite possible for the opposition to gain information about you without any permission required.
Photographs and Social Media
Another thing to think about during a personal injury case is a photograph you have posted to social media. Your pictures posted after your injury could come back to bite you, possibly causing your claim to be dismissed. If you claim to have a back injury that prohibits you from working or taking part in any sporting activity, a photo of you surfing dated after the incident can provide proof that you are not as injured as you claimed. This can cause the judge to question your claim unless you can provide a reasonable, believable excuse as to why the photos should not be a factor in your case.
Steps To Take With Social Media During a Personal Injury Claim
Once you have made a personal injury claim, the best thing you can do is refrain from positing on your social media platforms until the case is settled. If you must be on social media, try to avoid posting any photo at all. You never know what could be seen in the background that could throw a wrench into your case. For instance, if you are posting a selfie, the lawyers for the defendant can scrutinize each part of that photo in order to find a reason to contradict your claim. If you are seen to be on a vacation at the beach or hiking, for example, they may try to introduce it as evidence against you. You can never be too careful, so avoid posting photos if you can.
When you are filing a claim for personal injury, keep in mind that anything you post in the public domain can possibly be used against you. One of the best things you can do is temporarily disable your accounts until after the case is settled so not to funnel any proof against you to the opposition.