Using a social networking site is normal for most adults in today’s world. Social media allows us to connect with friends and family. People can share huge amounts of personal information through social media.
Communication via this method can, however, become risky at times. There is a possibility that people posting on social media could unintentionally post something that comes back to haunt them. Individuals and particularly those who use social media to communicate with others after being injured should be cautious of using social media platforms.
If you are pursuing an injury lawsuit, an injury attorney at Deldar Legal Injury Attorneys will suggest you use extreme care when using social media. In this article, we are going to describe 4 reasons that you should stop using social media after having a personal injury case.
Why You Should Stop Using Social Media in a Personal Injury?
Though social networking platforms can be advantageous, they can also be harmful when it comes to filing a personal injury claim. If you post something bad on social media about your case, it could hurt your likelihood of acquiring help. You may say something that raises suspicion on the facts of the case.
You might say something that makes it seem like you’re untrustworthy. Here are four reasons why you should not use social media after a personal injury:
You Might Contradict Your own Testimony
It seems to be conceivable that what you testify in court will conflict with what you post on social media. If you declare to have a dislocated shoulder but post on social media that you’re going bowling, the defense will suspect your claims. You must always be entirely truthful about your injuries and damages when filing an injury claim. Conflicting social media posts could completely ruin your point.
You Could be Exposed by Your Check-Ins Activity
Facebook, Twitter, and other social media sites can reveal that you have been doing things that contradict your injuries. For example, if you declare to have physical disabilities, you should avoid your regular gym session. In a personal injury case, location posts might be used against you as evidence, causing you to lose.
You May Expose Your Ability to Complete Routine Tasks
Unknowingly, your comments on social media may give the wrong impression about what you’re fully capable of after your accident. If you post a photo of your children on the ski hill, the other party might be curious as to who took the photo. If they find out that you captured that picture, they’ll have proof that you’re on a ski slope. In unexpected ways, what you publish has the power to cast doubt on your case.
A Friend’s Remark/Comment on Social Media can get you into Trouble
You may suffer legal repercussions as a result of social media posts from witnesses. You may be challenged in your personal injury claim. In exchange for compensation for your losses, they may claim a certain amount. Your evidence can be tainted by these items, which can have a lasting impression on you.
As per the law of court, what a person says outside of court is usually not acceptable in the trial. Out-of-court statements are usually classified as improper testimony.
Since you’re a party to the lawsuit when you file an injury claim, your comments to persons outside of court are legally enforceable against you. Because social media posts are deemed statements, they could be used against you in court. Comments made on social media by family and friends are also acceptable if they counter a statement made in court by the same person.
There’s Just No Escaping
You might believe if you’re using social media with great caution, you can still use it in your personal injury case. You may believe that by reviewing everything you publish with a critical eye, you can appropriately regulate your social media posts.
Sadly, saying anything that can be used against you without realizing it is all too easy. You never know how the other side would misinterpret your comments and actions. Trying to keep check of your social media activity while your recovery is on the line is too dangerous.
Would it be better if I set My Social Media Posts Visibility to Only Friends?
Although if you just allow friends to see your Facebook page, whatever you post could be seen by others. To begin, they can ask any of your pals who they know to openly reveal the data to them.
Secondly, they can take full advantage of Discovery Rules. Under certain circumstances, you may be obligated to keep records. Though if your account is set to complete privacy, the opposing party may apply to get copies of your social media records.
A social media feud can affect your case even further. You and your lawyer may need to return to court to decide whether you must hand over social media records to the other party. On the one hand, courts have determined that social media privilege does not exist. Changing your status to “friends only” or “private” does not absolve you of the responsibility of keeping track of pertinent social network data.
The rules against obtaining a large number of records in the hopes of finding something relevant to the case are known as discovery regulations. A fishing trip is what this is called.
How Can a Personal Injury Lawyer Help?
Don’t post something personal on social media if you’re pursuing a personal injury lawsuit. Restrict your use of social networking sites to liking and sharing other people’s posts if you must.
Start by looking up your name on the internet to see what details about you are available. Ask that friends and family members refrain from discussing the incident. It’s best if you stay away from social media platforms until your lawsuit is finalized.
Deldar Legal Injury Attorneys can help you better understand the complexities of your personal injury claim if you have suffered one.
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Posted in: Personal Injury