Social media has become a ubiquitous part of our lives, and many people use it to share updates about their daily activities and experiences. The social media landscape shifts and evolves overtime, but has only gained popularity in recent years and is not expected to die anytime soon. In the context of a personal injury claim, social media can be incredibly damaging. Read on to explore the ways in which social media can harm a personal injury claim, and why it’s important to be mindful of your social media presence during a personal injury case.
The dangers of social media
One of the biggest dangers of social media is that it provides a wealth of information that can be used against you in a personal injury claim. For example, if you post photos or videos of yourself engaging in physical activities or traveling, it can be used to argue that your injuries are not as severe as you claim. Similarly, if you post updates about your recovery or medical treatment, it can be used to argue that you are not as injured as you claim to be. Everything that you post has the potential to be used against you in the context of your case.
Social media can also be used to discredit your testimony or contradict evidence presented in your case. If you claim that you are unable to work due to your injuries, but post updates about working on personal projects or taking on new clients, it can be used to argue that you are not as disabled as you claim. Even innocent or unrelated posts can be misconstrued or taken out of context to harm your case. For example, if you post about a fun night out with friends and are later asked to recall events from that night, your credibility can be called into question if your account of the night differs from what you posted online.
Protecting your claim
Given the potential harm that social media can cause to a personal injury claim, it’s important to be mindful of your social media presence. Here are a few tips to help protect your case:
- Don’t post about your case or injuries. Even seemingly innocent posts, like updates on your medical treatment, can be used against you.
- Set your accounts to private. This will limit who can see your posts and make it harder for others to use your social media activity against you.
- Be careful with whom you connect. Avoid accepting friend requests or connecting with people you don’t know, as they may be trying to gather information about your case.
- Think twice before posting anything. Before you post anything online, ask yourself if it could be used against you in your case. If in doubt, don’t post it.
- Speak with your lawyer. Your personal injury lawyer can advise you on how to handle your social media presence during your case and help you navigate any potential pitfalls.
Social media can be a double-edged sword. While it provides a way to stay connected with friends and family, it can also be used against you in a personal injury claim. By being mindful of your social media presence and taking steps to protect your case, you can help ensure that your personal injury claim is not harmed by your online activity. If you have any questions or concerns about how to handle your social media presence during a personal injury case, speak with your lawyer for guidance.
Brett S. Sachs graduated from Michigan State University College of Law with Cum Laude Honors. While attending Michigan State, Brett was awarded for his service in the Michigan State University College of Law Civil Rights Clinic, where he represented prisoners of the Michigan Department of Corrections from injustices brought upon them. Learn more.
When You’ve Been Injured
Personal Injury Law