5 Tips for Protecting Your Injury Claim from Your Social Media
In 2008, 24% of our nation’s citizens were using social media. Do you dare take your best guess at what that percentage is in 2017? A whopping 81%! Social media has burst onto the scene and into our way of living. Many state that it has changed our lives for the better. It has raised awareness, shed light on social injustice, rekindled old flames, created new ones, and offered a financial platform like “gofundme” for those who need it the most. Social media most definitely surpassed its initial expectations. With new advances and apps coming daily, there are many wonders that it has brought and will continue to bring to our lives. However, there are some downsides to this phenomenon; usually caused by divulging too much information.
Social media use can bring legal consequences. Stalking, harassment, cyber bullying, even posting evidence of committing crimes online have landed people in court. For example, Rob Kardashian’s recent posting of several nude photos of his ex, Blac Chyna, could land him into some legal trouble for inappropriate use of social media.
Many “average” citizens do not think that their own personal usual of social media is anywhere near as offensive as Rob Kardashian’s, so they do not think their post can have a negative impact on their lives. However, what you may not realize is that the things you say and do on social media can also have an impact on your ongoing personal injury case. Let’s take a closer look at how this is so.
Personal injury lawsuits are filed to recover damages because your life has been negatively impacted by an injury caused by someone else. The defense attorney’s job is to find evidence that proves that your life has not been negatively impacted, or that you are exaggerating your injuries in some way.
A lot of plaintiffs make it very easy for defense attorneys to find things to use against you. People often unknowingly post things that undermine their claim. In an extreme example, the daughter of Reverend Al Sharpton climbed to the top of a challenging mountain in Bali and shared her experience on Instagram. But at the time, she was in the midst of a $5 million lawsuit against New York City for a sprained ankle she claims occurred when she tripped over a pothole. A post like that is sure to have a detrimental effect on her potential case settlement or her credibility with the jury.
In another case, a student brought a lawsuit against her teacher, school district, and other school officials alleging that she was traumatized because the defendants had failed to protect her when she was pursued and sexually assaulted by her teacher, Danny Cuesta. Defense attorneys used her social media post, which featured her drinking, smiling, and socializing with friends, as evidence to refute her claims.
While this may seem unfair, the truth is it’s a tactic that defense lawyers regularly use.
So, what steps should you take to ensure your case is protected from your social media platforms? Here are seven tips you can use:
1. Do not post active photos. Do not post any photographs of you do any physical activities after your injury. Even if you are feeling better, the photographs could be used in front of a jury later to try and minimize your damages.
2. Do not post negative statements about the other party. If you have been injured by the negligent or even criminal actions of another person, you have every right to be angry. However, social media is not the platform to vent that anger. People are very quick to define others as “sue happy” or out to make a quick buck by exaggerating claims just to get settlement money, so defendants are often eager to find ways to exploit these attitudes and make plaintiffs seem as if they are simply out to get money.Angry posts can be used to paint you as being bitter, unhinged, or simply out to paint the defendant in a negative light.
3. Do not post property damage photos. Photographs of your car or the other driver’s car could challenge info you provide in your claim. An adjuster or defense attorney could use those pictures as evidence to deny your claim.
4. Do not share emotions. Sharing your regret about being in an accident or how you’re feeling could be to your disadvantage, especially in cases where your sadness is misjudged as an admission of liability.
5. Don’t give any statements about your injuries. If you tweet or post with information about the accident or your injuries that contradict information you supplied earlier, an insurance adjuster could use this statement as evidence that works against your claim.
Disclaimer:
The materials available on this page are for informational purposes only and not for the purpose of providing legal advice. If you still have questions about social media and your personal injury claim, it would be best for to contact an attorney to obtain advice with respect to any issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship.
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About Us
Walton + Brown, LLP takes pride in having a successful serious personal injury and civil rights practice, unafraid to step into a courtroom and litigate cases to the fullest extent necessary. With over 440 lawsuits filed and over $14 million in settlements or verdicts won for our clients, Sean and Chanda bring a record of success. Sean and Chanda have been awarded Top 100 and Top 40 Under 40 designations as trial attorneys.
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