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Can My Social Media Impact My Personal Injury Case?
Can My Social Media Impact My Personal Injury Case?
Social media can be a useful tool for forming connections, companionship and keeping up with what’s going on in the world. Nearly half of the world is on it, with statistics logging 3.78 billion social media users as of 2021, and that number is only expected to keep rising, rising, and rising over time.
If you or a loved one was entangled in an accident that caused an injury, and you’re looking to file a personal injury claim, then you’re probably wondering whether or not you can continue posting on social media as usual during the case.
Unfortunately, the defendant and their representatives will pull out every possible stop to lower your final settlement amount, and that includes scrutinizing your social media feeds. Even the most innocuous posts can be weaponized to poke holes in your case. Understand how a liable party can use social media against your lawsuit, and understand how to protect yourself with the help of a Virginia injury attorney.
Protecting Yourself On Social Media
The defendant’s side may attempt to use your social media activity to poke holes in your case by:
- Looking for posts of you engaged in physical activities in spite of your injuries
- Looking for posts about working to undermine your lost income damages
- Looking for posts divulging confidential settlement information
- Looking for posts that contradict your side’s version of events
It is important to withhold as much of this information as possible. However, we would strongly discourage you from deleting pre-existing posts that could be potentially relevant to your case, as doing so may constitute spoliation, which could constitute a legally actionable crime in certain cases.
So, with that in mind, what is your best course of action here? How can you be proactive about defending your reputation, your livelihood, and the veracity of your personal injury claim without doing so in a way that could be considered spoliation? Some important points include:
- For better or worse, there are many cases where deleted content can be recovered and potentially admissible as evidence in court.
- Do not mention anything that could possibly pertain to the details of your case, even indirectly.
- Be careful who you message, comment, or divulge information to and who could be viewing that information.
- Consider setting your accounts to private or limiting the viewership of your content exclusively to close friends.
With all of the above said, you should still exercise the utmost mindful caution in what you post. Setting your account to “private” doesn’t 100% guarantee that the information posted there will stay private.
Long story short, don’t post anything that could risk potentially compromising your case, and to build a case brimming with robust integrity, consider working with an experienced, trusted, and focused personal injury attorney ASAP.
A Virginia Personal Injury Lawyer Can Advise You
Online or offline, your personal injury claim deserves as much support as it can get. You deserve as much support as you can get through one of the most trying times of your life, so consider contacting Hampton Injury Law PLC today and find out if our firm is right to support you through a free case evaluation.
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*Virginia Lawyers Weekly January 30, 2023 edition
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