After experiencing an accident, it’s only natural to hope for a swift return to normalcy. For many, this involves sharing life updates with family, friends, and followers on social media. However, it’s crucial to be aware that such actions might jeopardize your case if you’re seeking a settlement for your injuries. To safeguard yourself, it’s essential to understand the impact social media can have on your case and take necessary precautions.
Social Media Posts Before The Accident
Depending on the nature of your case, opposing attorneys may request to review your social media posts from well before the accident occurred. While this may initially seem irrelevant to your case, your past posts could potentially cast doubt on your character and have implications for the outcome of your legal proceedings.
For instance, if you had posted a tweet boasting about eluding a speeding ticket, the attorneys could exploit it to argue that you consider yourself above the law. This could raise questions about your attitude towards rules and regulations, potentially affecting the perception of your credibility.
Moreover, these social media posts could imply a pattern of reckless driving behavior, which may lead to the attribution of some degree of blame to you for the accident. The attorneys could argue that your past posts demonstrate a lack of regard for safety and responsible driving practices, contributing to the occurrence of the incident.
Considering the potential impact of social media posts on your case, it is crucial to be mindful of the content you share online. Any seemingly insignificant post from the past can be scrutinized and used against you, highlighting the importance of exercising caution and discretion when using social media platforms.
In addition to various other factors, an attorney will thoroughly examine your social media posts during the specific time period when the incident occurred. This includes considering the timestamps on your posts. For instance, if you were commenting on a friend’s photo at the exact moment of the accident, it could potentially be argued that you were partially responsible due to distraction. If your attention was diverted by your phone instead of being fully aware of your surroundings, it may be challenging to place the sole blame on the other party involved in the accident. Consequently, such circumstances could potentially result in a reduced settlement for you, impacting the overall outcome of your case.
Attorneys meticulously examine your posts after an accident, especially in personal injury cases. They thoroughly search your social media profiles for any indication that your injuries may not be as severe as you claim. For instance, if you assert having severe back pain and limited mobility, a gym check-in or a photo of your family at a ski resort could potentially cast doubt on your statements. Even if you were merely engaged in gentle physical therapy exercises or observing your children skiing from the safety of the lodge, opposing attorneys may attempt to manipulate the evidence to portray you negatively.
These careful examinations are conducted with the goal of uncovering any inconsistencies that could weaken your case. Attorneys may scrutinize timestamps, captions, and even analyze the expressions on your face in photos to build a counter-narrative. They might argue that your social media activity contradicts your claims of pain and suffering, potentially undermining your credibility in the eyes of the court or insurance adjusters.
It’s important to be mindful of what you post on social media after an accident. Consider adjusting privacy settings, refraining from posting about your activities or physical well-being, and seeking legal advice on how to navigate this delicate situation. Remember, what you share online can have a significant impact on the outcome of your personal injury case.
Can It Be Used Against You In A Personal Injury Case?
In a personal injury case, the use of social media posts as evidence is generally allowed in Florida courts, as long as they are relevant to prove a material issue. This is particularly true for posts made on your public profile, which are more likely to be discoverable. Even if your posts were initially shared with a private group, they can still be admissible if the opposing attorney demonstrates their relevance and materiality.
On the other hand, posts made by others about you are unlikely to be admissible as they may be considered hearsay, coming from an external source. Their credibility is uncertain, and thus the court is unlikely to allow them as evidence. However, any content you create yourself may be admissible at trial. According to the National Association of Attorney’s General, certain types of social media evidence are considered “self-authenticating” and require no additional evidence of authenticity for admission, making them more likely to be admissible and considered by the court.
It is important to note that while social media can be a valuable source of evidence in personal injury cases, it is crucial to be mindful of the content you post and its potential impact on your case.
Protect Yourself And Your Personal Injury Case
In general, it is highly advisable to refrain from posting anything on social media directly related to your case. This includes sharing explicit details about the accident, commenting extensively on your medical diagnosis, and disclosing sensitive information from private discussions with your personal injury attorney. However, when it comes to general posts about your lifestyle, the situation becomes more intricate. Even a seemingly innocent post of you enjoying a day with loved ones can potentially be detrimental if it falls into the hands of a relentless attorney who may exploit it. Therefore, until your case is fully resolved, it is often in your best interest to avoid posting on social media altogether after a car crash. Although it may seem like a relatively small sacrifice, this precautionary step is necessary to secure favorable results and the justice you truly deserve in a court of law. By maintaining a cautious approach towards social media during this crucial time, you can safeguard your legal position and protect your rights effectively.
To avoid online mistakes, seek guidance from FGB Law Firm.
Our highly experienced and knowledgeable team understands the complexities of these challenging circumstances. We are here to guide you every step of the way, ensuring that you don’t inadvertently jeopardize your case. With our expertise and personalized approach, you can trust us to provide the support and guidance you need. Contact us today by calling 941-979-9010 or complete our online form to get your complimentary consultation, let us help you navigate through this process with confidence.