If you have a pending personal injury case or are preparing to start one, there are so many things you can do to reduce your chances of success. One of these things is using social media as if your accounts are not a public record. However, it does not necessarily mean that you should delete your accounts until your case is settled (though doing so would definitely help you avoid mistakes altogether). If you have no intention to disappear from social media, avoid the following social media accounts if your personal injury case is ongoing.
Thinking That No One Can See Your Private Profile
Anything you post on social media can be found and used as evidence in court regardless of whether your account is private or not. Thus, the opposing party and their attorney can use your photos, posts, tweets, and even your Instagram stories to back up their claims or discredit your case.
Discussing Your Personal Injury Case
Avoid sharing anything about your personal injury case. In fact, avoid talking about the motorcycle collision or another accident that led to your injury. The other party, their defense lawyer, insurance companies, and investigators will be able to use any information you post on social media and turn it against you. For example, showing photos of you playing soccer with your children could undermine your case if you are claiming that you have a hard time walking due to the injury.
Letting Your Friends and Family Post About You
Warn your friends and family members to avoid posting anything about you while your personal injury case is pending. The opposing party can collect information by going to your family and friends’ profiles to dig info against you.
Going on Social Media When Under the Influence
When people are intoxicated, they are more likely to overshare and say or post something they would later regret.
Thinking That You Will Not be Able to Restore Your Account
Typically, removing yourself from social media is reversible. If you cannot stop using social media and are concerned about the risk of posting something that would discredit your case, consider removing your accounts altogether.
Not Turning Off Comments on Your Posts
Even comments under your photos and posts can be used as admissible evidence against you. For instance, if you were in a car accident in which the other party is accusing you of distracted driving, and your friend jokingly writes under your post about the crash, “No surprise… You gotta put down your phone when driving, dude” can be used against you in court.
Forgetting to Stop Social Media from Tracking Your Location
Social media platforms are tracking their users’ locations. This is no conspiracy theory; this is a known fact. That feature could hurt your case because your accounts can reveal that you were traveling, attended events, or engaged in other activities that can be used to try to undermine the severity of your injury.
Yes, using social media when your personal injury case is pending can get you in trouble. Consult with a Lexington personal injury lawyer to find out how to protect your rights and strengthen your case. Contact Roberts Law Office today. Call at (859) 231-0202 for a case review.