Today, nearly every person has at least one social media account. They use them to communicate with friends and post regular status updates. Although social media is ideal for connectivity, there are some instances when avoiding social media is best. People who file personal injury claims can hurt their case with what they post on social media, which is why it is important to know what information is public and how it can affect a claim.
If your account is public, anyone can access it. This holds true throughout the various social media platforms. Defense attorneys are aware of how often people use social media and will perform a simple name search to track an individual’s posts. For example, an individual who gets frequent headaches may post about how awful they are on social media. If that individual is in an accident a few months later and complains about persistent headaches, the defense could argue that the plaintiff was already complaining about headaches before the accident. The defendant’s attorney could then challenge the origin of the injury.
After someone files a personal injury lawsuit, private posts on social media are accessible to the defense and will likely request them. Attorneys often advise their clients of this in advance; however, learning that the defense may request social media records should not lead a person to delete posts. Social media sites have a way of tracking deleted posts, and the defense could discover deleted posts. This hurts the plaintiff’s case since it looks like he or she is concealing vital evidence.
Most people who seek personal injury compensation cite emotional distress as a result of the incident. One must be careful when doing so as such claims must be consistent with social media posts. For example, if a person who is injured or scarred badly after an accident states that the scarring is causing severe emotional distress, the defendant’s attorney could raise claim validity questions if the individual publishes posts about how he or she is learning to embrace the scars.
Your best bet as an individual filing a personal injury lawsuit is to simply stay away from social media. Anything you post will be scrutinized and used against you if possible. Reach out to Ohio Accident Attorneys in regards to your personal injury case today. We have extensive resources to get you in touch with an experienced personal injury attorney in your area. Contact us for a free case evaluation.