In a world centered around social media, our everyday presence has gradually crossed into the digital land. Social media isn’t just a place for broadcasting your personal life or expressing an opinion, rather, these online channels serve as digital forums. Except for when it doesn’t. Somewhere along the line, things get a little more legally implicated.
Especially when we’re dealing with legal matters such as personal injury cases and social media use can have large repercussions.
How Social Media Will Prove Harmful to You?
Insurance companies and the other parties scout through the victim’s social media applications to ensure they have evidence that will condemn the plaintiff. Below are things that show how social media platforms can prove harmful:
- Post evidence of contradictory statements ─ If you post pictures on social media or make statements that indicate the contrary to the evidence presented to the court, your credibility will be compromised, and there is no hope for mitigating assertions.
- Evidence of your activities ─ Injury plaintiffs should not post photographs or pictures of them having fun or doing things they claimed they could not afford after their accidents. Recalling the lifestyle they used to have earlier before the unfortunate incident. The damage will be considered aggravated, and your patience will follow you as there is no hope for mitigation.
Further Impact of Social Media on Your Case
The Response of the Opposing Parties
It has become common for insurance companies and defense attorneys to search social media networks for information that may compromise the plaintiff’s position in a personal injury lawsuit.
They could attempt to prove that the nature of your injuries was not as serious by pulling up pictures in which you’ve been tagged, or they might try and contradict how the accident happened, even if it did.
All of which may be completely inoffensive or entirely unrelated to your situation can be taken out of context and used against you to question the nature and extent of any harm or handicap. It doesn’t have to be a picture with you clinging from the side of a cliff, or something like that.
A photo of yourself doing physical activities can be taken as proof that you’re faking, to some extent the severity of your injury.
Privacy Concerns
Social media platforms are networking sites where users can reach out to others and share their ideas and information. It also harbors and infringes on people’s privacies mainly concerning court cases you may be interested in.
Your personal information, as well as your conversations and interactions, are not always secret from others. Much of what you share can be discovered or even subpoenaed in cases of litigation.
You can proactively protect your privacy on social media sites by checking and setting the platform’s privacy preferences, being cautious of who you accept as friends or followers, and not engaging in discussions about sensitive legal problems online.
Social media content can impact the outcome of settlement ─ Discussions surrounding a personal injury case. Not only that, but if the other side discovers something that makes your case look bad or ruins your credibility they may not be as likely to give you a great deal now.
On the other hand, if you use social media strategically and only post all of that footage backing up your case or proving accurate the severity of your injuries this will help increase your leverage and chance at reaching a good settlement amount.
Admissibility in Court
Incriminating social media posts are being used more and more as evidence in various court claims, personal injury included. “Judges in these jurisdictions are likely to be willing to admit relevant social media content into evidence when the party seeking admission can demonstrate its authenticity, relevancy, and reliability”.
Although social media evidence is admissible, opposing parties may challenge the information. Additionally, it will be discretionary for a court to decide how much weight or significance such evidence might carry on each specific case fact.
Tips to avoid social media during your case ─ Although it is essential to avoid using social media platforms, not everyone is self-disciplined enough, and if you are within the same category, you can use the following tips.
- Set your profiles to private ─ It’s important to ensure that only your friends or approved followers are allowed to see your posts by tweaking your privacy settings.
- Think before you post ─ Whenever you want to share something on social media, think about how it can be used against you in your personal injury case.
- Don’t discuss your case ─ It would also be crucial to avoid discussing your accident, injuries, and any legal process on social media.
- Don’t accept new friend requests ─ Similarly, avoid accepting friend requests from people that you do not know, as they could be insurance adjusters or defense attorneys looking for information about your case.
- Be mindful of photos and check-ins ─ Also, avoid posting any photos or checking into locations that can be disproved to the claims made about your injuries and activities.
As the digital age continues to expand, social media is a part of virtually every aspect of our lives, its implications continue to reach further and even in legal cases like personal injury.
While social media serves as an excellent resource for such purposes, it also presents its own set of unique dangers and vices that could ultimately harm the strength or value of your case.
With a little caution, an eye on your privacy rights, and the assistance of seasoned legal professionals, you can proceed safely in the ever-evolving social media landscape concerning personal injury litigation with minimal risks and maximum rewards derived from these online experiences.
In conclusion, the correct, proper, and wise use of social media while pursuing your personal injury case can help support your claim and achieve a favorable outcome.