Personal Injury Lawsuits: Keep Your Hands Up and Step Away From Social Media
There’s a good chance you use social media. You may not post much, or you use it to constantly document your life., Perhaps you are somewhere in between. No matter how much you use social media, you should stay off it or strictly limit your use if you’re involved in a personal injury matter. The more you post (or respond to others’ posts), the greater the risk you’ll hurt your case and recovery.
Social media has benefits, especially if you’re injured, unable to work, and isolated at home. It’s a way to see the outside world, stay in touch with friends and family, and keep your spirits up. But loose social media lips sink cases.
Nothing You Post on Social Media is Private
Your account might be public, so anyone on the platform may see your posts, whether that’s what you write or share or the photos or videos you include. Someone checking them out could be an investigator working for the insurance company considering your claim. They love social media because they can see into your world from the comfort of their office chair. Depending on your post, you may give them a lot of damaging information.
Even if you’re on a platform where you’re anonymous or in a private group, they can still see what you’re posting. During the litigation process, each side makes discovery requests to each other. That can include access to, or copies of, your social media posts.
If you think you posted something that’s not good for your case, don’t delete or change it (but let us know about it). That would be considered spoliation of evidence, which means you’ve destroyed or altered evidence. Judges take this very seriously. Doing that could result in your case’s dismissal.
Your Posts May Show You’re a Liar
Credibility is like gold in personal injury cases. You can damage it if we tell the insurance company one thing, but your posts tell them something else. Your claim and lawsuit will describe how the accident injured you and how these injuries impact you.
If you paint a very grim picture of being very limited and in pain to us, which we relay to the insurance carrier, but you discuss an active lifestyle and post photos and videos of you engaged in physical activities, you’ve essentially set your case on fire.
An investigator following a plaintiff would love to get photos or videos of someone supposedly very limited by an injury, mowing their lawn, going for walks, or actively having a good time with friends. If you post those things, you deliver damaging evidence to the insurance company. There’s no need for an investigator to leave their office.
You may hurt your case even if you don’t post about having the time of your life or you’re training for a marathon. Just posting something that can be interpreted as you being healthier than you claim can be a problem.
Admissions of Fault
Whether you file an insurance claim or a lawsuit, the burden is on you to prove the other party is at fault (or liable) and you’ve suffered harm (or damages) due to the accident. Posts about your active life will harm your credibility and damages claims.
If you post anything about the accident where you directly or indirectly say you’re to blame in some way, it will not only add a nail or two to your credibility’s coffin, it will make it more difficult to show the other party’s liable, and it can impact how much damages you may recover (due to comparative negligence).
Limit, if Not Cease, Your Social Media Posts
You should stop posting to end any risks social media may pose to your case. If you can’t go cold turkey, remember that the insurance company will see everything you post. Don’t post anything that can hurt your case.
You could discuss other things. Post recipes, discuss NASCAR or your religion (if they’re not one and the same), what your kids are up to, politics, basketball, or the weather. Just don’t go near anything that could impact your case, whether through a written post, a response to someone else’s post, a photo, or a video.
This applies not only to social media but also to any communication you have with others. Anyone you speak to about what happened or your injuries could be questioned by an insurance investigator or attorney. If they disclose something relevant, the insurance company could call them as witnesses.
You Must be Honest with Us If We Take Your Case
Social media posts can expose dishonest people involved in accidents. They may try to invent an injury, try to exaggerate its effects, or state things that are untrue about an accident’s cause. If you’re one of those people, don’t contact us because we don’t want your case. Our integrity and reputation are worth far more than what we might earn working on it.
Speak To a Satterley & Kelley, PLLC Personal Injury Attorney Today
If someone else’s negligence injures you or a loved one, Satterley & Kelley PLLC lawyers can protect your interests and legal rights to compensation. Call our Louisville office at 855-385-9532 or complete our online contact form to schedule a free initial consultation to discuss your case and how we can help.