A personal injury accident victim’s focus should be on making ends meet irrespective of interfering with one’s working schedule, raising funds to pay medical bills, and recovering, not social media. In most instances, accident victims file personal injury lawsuits as a result of these needs; however, it is prudent for them also to consider keeping close tabs on their social media accounts. Most injury attorneys can acknowledge that too much social networking can hurt a plaintiff’s personal injury case.
Social Media and Personal Injury
Plaintiffs should consider their social media accounts as public documents regarding their injury cases. There is a need for plaintiffs to be careful with how they communicate and avoid exposing details that may be counterintuitive. One should avoid posts that outline how he or she intends to use the award money from the accident.
In some instances, defendants of personal injury cases have successfully sought permission and allowed to access social media posts of the plaintiff. Courts also have the power to order the owner of different social media networks to preserve user records for a stated period with the objective of accessing case-related content. Here are a few specific claims that social media can easily debunk.
Claims for Physical Limitation
Judges use medical records to establish a physical injury. A plaintiff who states that he or she is not in a position to engage in daily physical activities runs a risk of unintentionally discrediting his or her claim by posting videos and photos on their social media accounts. Posts of the individual playing sports, exercising, dancing, or traveling may discount the plaintiff’s assertion that his or her personal injury accident is physically debilitating.
Claims for Emotional Distress
Most personal injury lawsuits include a claim for isolation, depression, withdrawal, and anxiety resulting from the accident and related-injuries. Social media posts that display the plaintiff in a jovial state after an accident can hurt your case as the defense may then refute claims for emotional distress compensation.
Individuals who are involved in injury lawsuits should avoid posting on their social media accounts. If one has to post anything, it should not be related to the pending case. It is also wise to limit public posts and ask friends to refrain from tagging them in posts. Most importantly, it is wise to reject any friend requests from unknown requesters as they can likely be an individual from the legal team refuting your claim.
Individuals use social media platforms to interact and review daily activities, but over-sharing details about your life can be more detrimental than you may imagine. An experienced personal injury attorney at Michigan Legal Center can provide you with substantial legal advice to best position you for a successful claim. Contact us today for a free consultation with a personal injury lawyer.