Social media has become one of the pillars of life. Individuals use it to stay in touch and businesses gain exposure by posting on sites such as Facebook and Twitter. For all the good that social media delivers, it can come back to bite users that post the wrong information online. This is particularly true of personal injury victims. One social media post can make the difference between winning a favorable judgment and walking out of a courtroom with just lint in your pockets.
Negative Effects of Social Media
Social media has become influential enough for employers to dig into a job candidate’s past by reading posts on sites like LinkedIn and Instagram. The same growing influence has led to attorneys from all over the United States conducting research on individuals that are involved in personal injury litigation.
You cannot post information on social media channels that hurts your claim. For example, let’s assume you sustained injuries that were the result of a car accident. The evidence suggests the other party should be held legally liable for causing the collision. However, you upload information to your Facebook page that describes how you failed to use your turn signal to indicate a turn just before the accident happened. The other party’s attorney reads the post and uses it to diminish the relevance of your claim.
Another negative effect of social media when it comes to personal injury cases is you might contradict the testimony you gave during the trial phase of the litigating process. Not only does contradicting information hurt your case, but it also might motivate the judge hearing your case to charge you with committing an act of perjury.
Can Social Media be Used as Evidence in My Personal Injury Claim?
The short answer is yes, but it depends on the state where you file your personal injury lawsuit. Many states view the information posted online as information that is available for public use. If a detective finds a notebook in an easy-to-see area of someone’s bedroom and the detective discovers incriminating information in the notebook, the notebook becomes part of the evidence used during a criminal trial.
Look at a social media post like the detective viewed the notebook sitting in an easy-to-see area. Social media content is meant for public consumption, which means anything you, your friends, or your family members post can be used against you during your personal injury lawsuit. Even the social media statements made by witnesses at the scene of a personal injury incident are available for a lawyer to use while litigating a personal injury lawsuit.
The bottom line is if you plan to file a civil lawsuit that seeks monetary damages for the injuries caused by another party, you should stay off all your social media channels until the litigation process ends.
Receive a Free Case Evaluation
From the first meeting to the last day of litigation, a personal injury attorney is there to provide legal support during each step of the legal process. Your legal counsel helps you collect and organize evidence, as well as interviews the witnesses that back your claim. At the first meeting with a personal injury lawyer, you should understand the importance of not uploading any social media posts during the personal injury legal process.
