It is common for people to make frequent posts on social media about things that are happening in their life. They post “selfies” showing themselves participating in various events, including photos of their outdoor excursions. Those involved in personal injury lawsuits need to know how this can backfire and work against them. Our personal injury attorneys at Springer & Lyle offer tips for avoiding the use of social media if you are involved in a personal injury lawsuit.
How Not to Use Social Media When You Have A Pending Personal Injury Lawsuit
Several years ago, a man received national attention when he posted a video on social media that showed him pushing a large rock off a boulder in a Utah National Park. At the time, he had a personal injury case pending in which he alleged he suffered serious and debilitating injuries in a car accident that left him disabled. Despite his claims that the rock toppled over without much exertion on his part, his personal injury case was dismissed about a month after his social media post.
This is an extreme example, but even a photo of yourself smiling and laughing that you post on social media can be used against you to show that you are not as seriously injured as you claim. No matter how absurd this may seem, since people who are injured can still occasionally smile for a photo, it may be used as evidence showing you are happy and content and not seriously injured.
Some specific tips for using social media while your case is pending:
- Do not discuss your case at all, even if your privacy settings are set to private.
- Not discussing your case online means not posting any comments about your case or your injury, about your doctor’s visits, about how you are healing or improving, or about your interactions with the insurance company.
- Do not post about your vacations, activities you are engaged in, or photos of you enjoying yourself.
- Caution friends and family members not to post anything about you or your activities. Do not agree to being tagged in any of their photos.
- In short, don’t post anything (content or photos) that could be used to present you in a negative light.
Just like the man who pushed the rock off the boulder who argued it did not take a lot of effort, photos and videos can be misinterpreted and your case may be hurt based on an erroneous interpretation of something you posted on social media.
If you have been injured in an accident that was the fault of another, the personal injury attorneys at Springer & Lyle can help you obtain the reasonable compensation you are entitled to for your injuries, lost wages, medical expenses, pain and suffering, and other physical damage. Contact us at 940.387.0404 for a free consultation.