If you have a personal injury your discretion is very important. Social media is a useful tool for sharing ideas with friends it also has a negative side. With increased use, we should know that posting on social media use can be used against us, especially when you are pursuing a personal injury claim against any party. Your Staten Island personal injury lawyer will advise you accordingly.
The fact you are reading this blog means you are using social media. It is so much a part of our daily experience that we don’t always see its impact. The percentage of people that use social media is so high that we have forgotten the imprint it leaves. Whether you are searching for a bargain holiday, looking for political news or commenting It is advisable to steer clear of social media until your claim is settled.
How Social Media Can Damage A Personal Injury Claim
When someone files a personal injury claim against another party, that party will do everything in its power to minimize the amount of damages they are liable for. That means they will seek out every bit of information they can on the claimant, and increasingly, social media is the easiest place to find that information. People are often unaware of just how much they are revealing about themselves by posting online. How can this hurt an injury victim seeking damages for their pain?
Here’s an example. Imagine you are driving and involved in a three-car accident caused by a distracted driver. As a result, you suffer injuries to your legs and hips. In the injury claim, you assert that your injuries are stopping you from engaging in your favorite hobby, dancing. If you then post a clip of yourself dancing in a nightclub a judge will turn down your claim. It is clear that you have exaugurated your injuries. This example is based on a true story and it resulted in a claim being turned down.
All Lawyers Check Social Media As A Matter Of Course
Lawyers, in any case, can use anything a person publicly posts on the internet including that shared by other people. Many posts contain geolocation data, giving away a great deal of information about a person’s daily activities. This information can both help and hurt a case.
If you are claiming physical or emotional changes to your life social media is a great way to find out how you spend your days. Investigators will look at your social media feeds or others that mention or tag you. Comments are also admissible.
Courts Might Find You Have Waived Confidentiality
In general terms, anything you tell your attorney about your case is actually considered confidential. In order to maintain confidentiality, the client, cannot share that information with anyone else. This means you can’t tell anyone what your lawyer said or bring a third party to any meetings. There are exceptions which your professional lawyer will explain to you.
Moreover, you also cannot share information via social media. That is considered the same as telling your best friend over a cup of coffee. It includes commenting on your case, explaining your injuries, posting blogs, photos or videos about the accident. There is no question of subtlety here so you can’t post photos or videos of your injuries and the treatment or even document your recovery.
In revealing anything that you have discussed privately with your attorney you will be open to attack from the opposing lawyers. If you share your confidential information with anyone but your lawyer, that information is no longer confidential. That means the other party in the lawsuit can find out about it and use it to their advantage.
If you are making a claim talk to your compensation claim lawyer about your social media accounts as part of your initial consultation so there are no nasty surprises.