Everyone posts everything on social media. In most cases, social media allows us to stay connected with family and friends and visit with others about the events in our lives. However, there are genuine and solid reasons you should never post any information regarding your personal injury case on your social media profile. What you post on Facebook, Twitter, Instagram, or other social media account could absolutely affect the outcome of your personal injury case.
As society has become more technologically advanced, so have attorneys. Most attorneys are advanced enough to be able to search victim’s profiles and attempt to glean as much information as possible. If a victim has not set their social media accounts to private, anything that the victim has posted can become fair game in a personal injury lawsuit to prove that they were not as injured as they claimed.
Some people post social media images and comments thinking that what they are posting is totally benign, and it may be. However, anything you post on social media can easily be taken out of context and used against you in your case. For example, if you are claiming that you suffered catastrophic and severe personal injuries due to someone else’s negligence, and then post pictures running a marathon or hiking the Grand Canyon, it may be used as evidence against you that you not suffering serious injuries.
The Bowling Law Firm, in New Orleans, says social media can influence personal injury cases highly, when in the courtroom a defendant is adamant they are severely restricted by their injuries, but soon after post videos of them showing no physical restrictions whatsoever.
In some cases, a victim may have posted something on social media they immediately regret. However, if you post something on social media you should avoid all temptation to delete the picture or post. The law is clear on this topic. If you delete anything from your social media profile, another person may have taken a screenshot of that picture or post prior to deletion. If the social media post or picture turns up in your personal injury case, the court may determine that you were attempting to interfere or tamper with evidence. While you may regret posting something on social media, never delete anything or risk being charged by the court with a serious charge of evidence tampering.
Always assume everything you post on social media will be seen by opposing counsel, and the best course of action is to simply avoid social media completely until your personal injury case is completed.