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Can social media hurt your personal injury lawsuit?

On Behalf of | Aug 7, 2023 | Personal Injury

Social media plays a significant role in many people’s lives, and it’s undeniable that it has the power to influence public opinion. It can also have an impact on your personal injury claim. This post will discuss how it can hurt your claim and how to avoid those pitfalls.

The other side is likely monitoring your social media posts

If you have filed a personal injury lawsuit, it’s not uncommon for the defendant’s attorney or insurance company to check out your online activity. They are looking for evidence to use against you in court. Some of the information they may be looking for include:

1. Contradicting claims

Your lawsuit states you have severe injuries or pain, but your pictures on social media seem to indicate the opposite. If it even looks like you’re enjoying yourself, the defense may try to use it.

2. Inconsistency

Your comments on social media conflict with statements you’ve made in court. That can be a problem since your social posts could be used to impeach your testimony.

3. Context

Social media posts can be taken out of context and twisted to present a different picture. For example, a photo that was taken a summer ago but only recently posted could make it seem like you’re being untruthful.

Is there anything you can do?

To prevent social media from impacting your personal injury lawsuit, remember the following:

  • Limit your social media activity to minimize the possibility of posting information that can be used against you.
  • Adjust your privacy settings so that none of your information is visible to the public, only to friends and family.
  • Don’t accept new friend requests, as someone from the opposite side may be trying to gain access to your posts.
  • Avoid discussing the details of your personal injury lawsuit anywhere online.

It’s also important to remember that even if you delete something you posted, someone may have already screenshotted it. Assume that once something is online, it’s out there forever. Furthermore, even with strict privacy settings, there’s no guarantee that the opposing side won’t gain access to your information.