According to Statista, 81 percent of U.S. citizens have a social media profile. If we take the lens off the United States, and place it so that it encompasses our global society, that number skyrockets to 1.96 billion people. Social Media has become a cornerstone of our society. It is a dynamic platform that we tap into for many different reasons. We use it to stay connected to people from our past, we utilize it to network within our fields, and we use it share milestones and experiences in our lives.
Many people find safety in social media. It creates a virtual barrier between you and the person, or people, you feel threatened by. We often use it as a platform to vent our feelings or share our happiest moments. However, when your social media accounts and your personal injury claims collide, it can make or break your case.
Everything we post on social media is public record, even if your profile is private. Thus, it follows, that everything you post on your profile can, and will, be used against you by the defense if it works against your claims. For example, if you have filed a lawsuit against a person, business, or municipality for injuries their negligence caused, and have posted negatively before, during, or after the incident, the defense can argue that you have a vendetta against the defendant.
“Among other concerns, auto-accident victims should be careful when posting to social media accounts about the details about their personal injury case,” Attorney Zachary Tedford stated, “to avoid the risk of giving the defendant harmful evidence.”
The point of a personal injury claim is to help you collect on losses that the collision or incident caused. So, the defense’s goal is to offer up evidence that will create reasonable doubt. By placing a spotlight on your social media and exploiting your life online, the defense can bring your character and the extent of your injuries into question and establish this doubt.
If someone’s negligence caused you injury or disabled you, a personal injury claim can have a positive impact on your life. When you pursue a personal injury claim, you do so because your injuries have impaired your life to a degree that compensation is the only way the defense can make you whole. However, in pursuit of your claim, it is your job, and your attorneys job, to substantiate your claims by offering evidence to the defense that strengthen them. When posting on social media, be aware of how your posts can negatively affect your claim.
Disclaimer: While we always seek to establish accuracy when publishing articles, this piece is not intended to provide legal advice, and should not be used as such. Each individual case will differ and should be discussed with an attorney or legal expert. If you would like to inquire about pursuing a claim, please contact us at (858) 252-0781 or email brett@acclaimlaw.com
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