Your Case and Social Media
Within recent years, accessible technology and social media have played an increasingly larger role in society’s everyday routine. Whether people are checking into the gym on Facebook, or tweeting their reaction to the newest celebrity couple, social media is becoming more widespread than ever before. If you become involved in a personal injury case, social media may have an impact on the outcome. Even the most neutral, short social media postings may have a detrimental impact when filing a personal injury lawsuit. The following main points discuss the relationship between your personal injury case, and how social media may play a negative role on the outcome of your case.
Defense lawyers can use social media posts to refute claims
In every personal injury case, the plaintiff and personal injury attorney are attempting to recover damages due to the negative life changes after an accident. The defense attorney searches for evidence to prove that your life was not negatively impacted. Additionally, a defense attorney may attempt to minimize your injuries in any way possible, using your social media accounts to work against your claims. Defense attorneys collect evidence through various outlets. Defense attorneys may interview your employer, friends, and neighbors. In some cases, private investigators are hired to observe your everyday life, to capture behavior that contradicts your suffering claims.
Posting on social media may help the defense attorney to refute or minimize your claims. For example, if you claim an auto accident caused you to injure your back, but then you post a video lifting heavy weights at the gym. This is a classic example of how social media can be severely detrimental to your claim, minimizing the monetary compensation you would be granted otherwise.
Emotional distress and social media posts
In addition to personal injuries that are involved in personal injury cases, some victims experience emotional distress, ranging from minor to severe. Emotional distress in personal injury cases include stress, trauma, loss of sleep, depression, and anxiety. If a plaintiff is claiming they have severe stress after an accident, but checks in on Facebook claiming they “had a blast at a concert” this past weekend, that contradicts their claim. A post like this is specifically what the defense attorney uses to refute the plaintiff’s claims in court. This posting may leave the judge and jury members to believe that the plaintiff is not suffering how they are claiming to be. Another less obvious, but still detrimental example of ruining an emotional distress claim may be something as seemingly innocuous as posts wishing the claimant a happy birthday. If the claimant is claiming their social life and friendships have suffered as a result of the incident lawsuit, the defense may use this as an attempt to reduce the amount of money the claimant is eligible for.
Negative posts against the defendant
Posting anything, especially posting negatively against the defendant, can be used as evidence to display you as an angry, impulsive plaintiff. Additionally, a defense attorney may use a negative post against the defendant to say you are slandering the defendant, and harming the defendant’s reputation. It is best to not post anything pertaining to the case, the incident, or the defendant, to ensure you have the best chances of obtaining the compensation you deserve.
In today’s world, most people use social media as a way to communicate with peers, coworkers, and friends on a regular basis. If you become involved in a personal injury lawsuit, be aware that everything you post on social media may potentially be held against you. It is best to avoid posting altogether, but if you want to post, weigh out the consequences of the nature of what you are posting. If you become involved in a personal injury lawsuit, hire an experienced personal injury attorney. In addition to experience, look for a personal injury attorney who can answer all of your questions, and is eager to guide you through the process of obtaining the compensation you are entitled to.
If you or someone you know has been injured as the result of an accident, don’t forget to call the Offices of Kanner & Pintaluga, P.A. by dialing 1-800-586-5555. If you live in Miami, Fort Lauderdale, Ocala, Orlando, Tallahassee, Gainesville, Palm Beach, Jacksonville, Fort Myers, Naples or any other city in Florida, The Law Offices of Kanner & Pintaluga, P.A. can help you get your life back on track if you’ve been injured after a car accident. Make sure to follow The Law Offices of Kanner & Pintaluga P.A. on Twitter (@KPAttorney) and Facebook.