It’s true–what you say or post on social media after an injury or even a more general legal dispute can completely wreck your personal injury case.
With seven out of ten American adults currently using some form of social media, it’s crucial that you’re aware of what you should and should not post on any platform if you’re in the middle of a car accident lawsuit.
No matter what sort of pictures, videos, statuses, and pretty much any other form of content you post to social media, chances are, it will have some form of legal consequence.
So, before you upload that photo, think twice.
Read on to learn how to conduct yourself on social media when you’re going through a car accident lawsuit.
1. You Could Compromise Your Confidentiality
As you’re preparing for your day in court, you’re likely going to spend long hours with your attorney.
During these meetings, you’ll have confidential conversations about a wide variety of things relating to your car accident lawsuit.
This confidentiality ensures that the defense legal team won’t be able to get an advantage over you in the courtroom because they won’t really know what to expect or what you’re going to say.
Your lawyer will likely ask you lots of questions about your doctor’s visits and assessments, any mental health evaluations you’ve had, what caused the crash, the circumstances and conditions you were driving under, and much more.
If you upload all of this information to your social media accounts?
It goes without saying that you’re going to start your trial off at a serious disadvantage. Essentially, comments and status updates about the case are a wonderful gift to the defense legal team.
2. The Defense Could Contest Your Injury
So, you’re suing someone for causing you severe emotional distress and even worse physical injury in your car accident lawsuit.
However, in that public Instagram story that you posted a few hours ago?
You’re at a bar with friends, smiling, and dancing on top of a table to your favorite song, singing along.
To most legal professionals–especially a defense lawyer–this kind of conduct doesn’t match that of someone who can barely get up out of a wheelchair or needs to seek therapy for PTSD after an accident.
It doesn’t matter if you were just “letting off some steam” or “trying to forget about things for a night.”
A defense lawyer will likely use that video to prove to a judge and jury that you’re not actually hurt at all, or at least that you’ve seriously exaggerated your claims of injury in hopes of getting a high payout.
Trust us when we tell you that night of partying won’t be worth it when you’re left with no case and a mounting pile of legal and medical bills.
If you’re well enough to enjoy the company of friends, have them come to your house until the case is over–and institute a strict “no photos/videos” policy.
Finally, whether you think it’s fair or not, be aware that posting too many things on social media could be used against you in court.
Even if you’re bored out of your mind during your recovery process, the defense could claim that if you were well enough to post 25 tweets in an hour, you weren’t really in so much pain, after all.
The average person spends about 116 minutes out of each day on social media. Find something else to do with your time.
If at all possible, deactivate or even delete your social media profiles altogether for the length of the trial.
3. The Defense Could Say You’re Admitting Fault
Tempted to reach for your phone and type up an angry Facebook status after a particularly trying meeting with your lawyer?
Want to film the moments after the crash and upload them to social media for your followers to comment on?
Think twice before you do either, because you could jeopardize your car accident lawsuit.
Even uploading what you think is a casual and neutral status, for instance, offering an apology to the other driver even if you’re certain it was their fault, can still be used against you in court.
Additionally, it’s not just the lawyers for the defense that you’ll need to worry about.
If you live in a state that allows insurance companies to hire legal representation in your case, you can be certain that they’ll also come after you.
Plus, these legal teams have the time, interest, and most of all, resources, to find things out about your online life that you’d much rather be kept private.
Remember, just because you think that you’ve deleted something or made it private, doesn’t mean that this is always the case. When in doubt, leave it out when it comes to comments on your injuries, case, or anyone else involved in the court proceedings in any way.
Need An Attorney To Help You Win Your Car Accident Lawsuit?
We hope that this post has properly educated you about the possible–even probable–consequences of oversharing on social media over the course of your car accident lawsuit.
Think about how you’ll feel if a single, careless post ruins your entire lawsuit. Will that comment or picture really have been worth those likes?
Looking for a qualified and experienced personal injury attorney who can help you to win in court and get the kind of settlement you deserve?
If so, let us help you throughout the entire process of your lawsuit.
Get in touch with us today to set up a consultation, and work with professionals who are always on your side.