The evolution of social media has greatly impacted the way we communicate and share information. Many people use social platforms as a way to document their lives and connect with others. The convenience of having open discussions with an online community or receiving emotional support during a rough time has provided an outlet for many users. However, it’s important to be cautious about what you post, amid an unresolved personal injury claim as a car accident lawyer can explain: insurance companies could potentially use your social media posts to challenge the validity of your case.
Given the popularity of social media, insurance adjusters and defense attorneys have increasingly turned to platforms like Facebook, Twitter, Instagram, and LinkedIn to gather information that could undermine your case. Unfortunately, they are not concerned about your emotions or the hardships you face after an accident. Instead, they may use your posts as evidence to dispute or challenge your claim. For example, if you post a photo of yourself engaging in activities, such as rock climbing, yet claiming physical limitations due to an injury. It could contradict your case and significantly reduce your chances of receiving a settlement as our friends at Joseph Law Group, LLC can attest.
Be mindful that your discretion should extend beyond what you share on social media. It’s important to carefully consider your engagement and refrain from accepting friend requests from people you don’t know. The opposing counsel may try to find ways to access your profile, even if it’s set to private. This could include engaging with mutual friends, reading comments and posts you’ve interacted with, or sending requests to your online followers. It’s essential to inform your friends and family about your ongoing legal claim so that they can be cautious about their social media content and interactions. You should also be aware that deleting content might have serious consequences, as it can still be recovered, restored, and used against you in a legal proceeding. Deleting such content is considered purging and could be seen as spoliation. According to Westlaw, spoliation is “the destruction or alteration of evidence resulting from a party’s failure to preserve evidence relevant to litigation and investigation.” Under certain circumstances, spoliation can be a crime and may result in punishments, including jail time.
In conclusion, wWfamily, it could pose some risks as it relates to your personal injury claim. Be sure to:
1. Be mindful of your content: Before you post anything, consider how it may be perceived. Opposing counsel could potentially use your content against you.
2. Screen friend requests: Avoid accepting friend requests from unfamiliar individuals, as they may be insurance adjusters or defense attorneys trying to access your content.
3. Inform your friends and family: The opposing party may attempt to gather information from your online community. Therefore, ask your close friends to avoid posting, sharing, or tagging you in any content related to your accident.
4. Don’t delete content: Refrain from deleting any content related to your accident, as this may be seen as an attempt to hide evidence.
If you have been injured in an accident, don’t post to social media — reach out to a lawyer near you for help.