Social Media Can Harm Your Case
Why You Should Never Post About Your Accident on Social Media
Social media is ubiquitous. To be sure, a Global Social Media Research Summary published by Smart Insights reveals that Facebook alone has more than 1,871 million active users, and another source indicates that at the end of 2016, there were 2.8 billion people using social media.
Which begs the question: If social media is so common, why is it bad to post to social media after being involved in a car crash or other accident type?
Social Media Evidence CAN Be Used Against You
One thing that many personal injury plaintiffs fail to understand is that the information that is published on the web is public, and therefore can be obtained by the defense or an insurance adjuster and used against you. In fact, even information that you may think is private–such as personal messages sent through social media platforms–could be subpoenaed (although this is uncommon). This means that anything that you have posted on social media, or that which is posted about you, is fair game in a civil lawsuit.
What Types of Evidence Can Be Used to Harm Your Case
There are myriad types of evidence that can be obtained from social media and used to harm your case. For example, photos, check-ins, status updates, blogs, and comments may all harm your case. Consider, for example, the act of keeping a blog.
A blog may sound fairly innocent, and even a great way to keep your family and friends updated in regards to how you are faring after your car accident. But did you know that the content of your blog could also be used to dispute any noneconomic damages you have suffered? For example, if you post a blog about your great relationship, the wonderful day you had, or the fact that you are feeling good and healing better than expected, the insurance adjuster could use this information to argue that you are not suffering nearly as much as you claim, and therefore do not need to be compensated for pain and suffering.
The same is true of photos that you post or are posted of you. For example, pretend that you have suffered a broken bone in your leg, and are seeking damages as such. But two weeks after your accident, you post a picture of yourself outside, walking, with neither cast nor crutches in sight. Regardless of when the picture was actually taken (it could have very well been snapped before your accident), the picture implies that your injuries aren’t severe. As such, a photo like this could discredit your claim, and harm your case.
Why You Should Consult With an Experienced Nashville Accident Attorney
Even saying things such as, “I’m sorry that the other driver was harmed,” or “If only I hadn’t been…” on social media could be construed as admissions of fault, even if you do not intend them to be. No matter how careful you are, you are taking a risk when you post on social media following a crash. For this reasons, our attorneys advise that you suspend or delete your accounts, or at the very least refrain from adding any new friends in the weeks following your crash before your claim is settled.
To learn more about best practices for social media and other things after an accident, contact the offices of Bednarz Law today. Our experienced Nashville personal injury attorneys are here for you.