Social Media And Your Case: How Social Media Evidence Can Affect Your Personal Injury Claim

12 February 2018
 Categories: Law, Blog


After getting injured by a negligent party, many people choose to file a lawsuit. If you are in this position, there are some things you need to be cautious about while you are going through your suit. Most importantly, you must be very careful when you use social media. Social media is a very significant portion of many people's lives, so it would not be realistic to ask clients to completely quit using it while the lawsuit is ongoing. However, you need to be extra careful, as the things you post will remain on the internet indefinitely and can be harmful to your case, and even cause it to be dismissed. Here are some things to consider when you are using social media:

Can Your Social Media Accounts be Accessed?

In general, your social media accounts only provide access to those you choose, so an opposing attorney or insurance company will not be able to see what you post without your permission. That will not stop them from asking to see it, but you can decline. You need to be careful what you allow to be seen by the public. Some platforms have different levels of security, meaning some of what you post can be seen by the general public. You also need to let your friend, family, and acquaintances know that they should not share any of your posts through the use of screenshots or otherwise.

Can Your Pictures on Social Media Affect Your Case?

Yes, pictures you post on social media can absolutely have an impact on your case. You cannot claim that you are unable to maintain gainful employment due to your injury and then post a photo of yourself wind surfing or doing other strenuous activities. Photos are timestamped, so they will show the exact date of when they were posted. Even if it is an old photo, avoid posting anything that may appear as if your lifestyle is the same as it was before you were injured.

How Can You Prevent Social Media from Damaging Your Claim?

The best thing you can do is use social media with common sense while you are going through the legal process. Lock down your social media as tight as you can get it. You may also want to pare down your followers, at least temporarily, just in case they are tempted to share your status' or photos you post. Ideally, you should take a social media break until you have reached a settlement. That is the best way to avoid a dismissal in your claim.

Contact a personal injury lawyer for more help.