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.
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