Silence is golden. Or at least it probably should be when it comes to social media and personal injury claims. It may start out innocently. You were involved in a serious car accident and suffered severe injuries. You make some social media posts because your friends and family are worried about you, and you want to ease their concerns. Social media is increasingly becoming more of our mode of communication. However, relying so much on social media can cause harm to your personal injury claim if you aren’t careful because much of the information obtained is fair game. As soon as you were involved in your accident or event, you want to make sure that you don’t jeopardize your upcoming case or current one.
You shouldn’t talk about your potential claim or your case and certainly should not disclose certain details with anyone except an attorney. With your lawyer, the things that you talk about are confidential, and protected under the attorney client privilege. However, you lose that privilege the moment that you post something online; it is now public information. The general public, including the other side, can now be privy to the following:
- Your medical condition
- Physical and mental health
- Emotional well-being
- The details surrounding the accident, incident, or event that is the subject of your claim
Social media posts can help to destroy your credibility which in turn can torpedo your case. For instance, some could argue that if you’re feeling well enough to put up a post about you having fun at a dinner party with friends, maybe you aren’t deserving of certain recovery for emotional distress. Perhaps you post a video of yourself dancing. Your opponent can use this to show that you aren’t really hurt or that the extent of your injuries isn’t what you say.
If you discuss the incident or accident and say certain statements, they could be considered as admissions to wrongdoing. Additionally, if you talk about the other party in negative terms, you might be portrayed as someone who wants revenge or has an axe to grind.
Controversial or incorrect statements that you post online may also be construed into a strike on your credibility; the other party could suggest that you change your mind too much, have contradictory opinions, and that you’re unreliable.
Suggestions for Social Media with a Personal Injury Claim
You should approach social media with extreme caution when you’re involved in a personal injury case or about to file a claim. Here are suggestions for how to deal with social media:
- Don’t disclose any information about the insurance claim or lawsuit
- Don’t interact with unknown people or people you don’t trust
- Request that your friends and acquaintances don’t tag you in pictures
- Request that your friends don’t talk about you online
- Don’t share or post any pictures of you in potentially compromising situations or settings or post content related to drinking or celebrating
Get Legal Guidance to Protect your Personal Injury Claim
Although it may seem to be an extreme way to deal with this issue, you should be very careful when it comes to social media and personal injury claims. The opposing party will go to great lengths not to pay you the amount of damages that you deserve. Don’t go into this contentious terrain alone. Get legal guidance from an experienced injury attorney who can help you navigate the process and protect your claim. Contact us here at Walton Law immediately for assistance.