Social media is a fact of life today. Even your grandmother posts on Facebook. But many people don’t consider the legal implications when posting to media after an accident. If you are pursuing a personal injury claim, you may think twice about posting.
Let’s consider a hypothetical case. You have been involved in an accident and are pursuing a claim for your injuries. The accident was severe and has resulted in hospitalization due to a back injury. But if you post a photo of you picking up your child, even if it is an older photo, it can be used against you to try to prove that your injuries were not that bad.
Yes, Social Media Can Be Used in Court
Not only do insurance companies and defense lawyers hire private investigators to help prove that you aren’t due a settlement, we make it even easier for them with social media. Insurance companies and lawyers expressly employ people who check the social media accounts of anyone who has filed a claim.
According to the Rules of Civil Procedure, Rule 30.01(a), a document used against you in court can include any data and information in electronic form. This means that anything posted on social media can easily be used against you. Not only are things you post readily available to be used against you but also posts where you are tagged by others.
Your Profile Information is Set to Private?
Privacy is subjective. During the discovery phase of a lawsuit, the defendant can request anything that you post on any social media as part of the process. In this case, it makes no difference if your accounts are set on private. They may have a right to access them. For most people, all it takes is a quick Google search to establish that there may be relevant content on your social media accounts. Anything you may post that even suggests that you are not as injured as you say you are can put your claim at risk.
The Unreal Reality of Social Media
We now know that people typically post a distorted view of their lives on social media. Most people are far happier, healthier, more fit and popular on Facebook and Instagram than in real life. But that perception of happiness and healthiness can work against you if you are truly suffering after an accident and pursuing a claim for compensation.
If you have filed a personal injury claim, your safest course of action is to refrain from posting on social media during the claim process. It is not necessary to close your account but be aware how damaging any posts can be to your claim even if someone else is posting on their account.
When you have been injured in an accident, your best course of action should be to rely on a Cornwall injury lawyer to protect your rights. At AM Injury Law, we have recovered millions in compensation for our clients and their families. Call us today for a free consultation.