Your Case Can Become A Casualty of Social Media

Personal Injury Lawyer in West Palm Beach, FL

If you’re in line with the majority of the population, you likely have a social media profile, either on Facebook, Instagram, Twitter or any of the other platforms that give friends and family a curated glimpse of your life.

Maybe you’re a social media addict, and have a profile on all of them.

According to numbers from the statistics gathering site Statistica, as of 2019, 79 percent of Americans report having some kind of social media profile, which means there are plenty of people who are sharing personal information on such platforms.

And while you may think your communications on social media are fairly private posts between you and your family and friends, viral news items prove that they are anything but.

What social media can cost

There have been countless instances in recent years where a careless social media post has led to job loss – or the failure to land a job, even after a glowing interview – for people who didn’t think about who other than family and friends might see those posts.

Social media is one of the many sources anyone who needs to find out information about you will turn to, and one wrong post can have devastating results.

Careers aren’t the only things that can be negatively affected by a social media post.

If you have filed a personal injury, medical malpractice or workers’ compensation claim, social media can seriously damage your case if you’re not careful.

A careless Instagram shot or a few thoughtless words posted on Twitter – you check into a gym, for example, after filing a claim that an injury has limited your activity, even if you only went to use the steam room – can blow up a personal injury case, especially if it provides evidence that suggests you might be capable of doing more than you may have indicated when filing your claim.

And if a defendant alleges that you faked an injury in a personal injury claim against them, don’t think that opposing attorneys or insurers won’t use your social media accounts to their advantage if they can.

Remember, social media is public record

If you’ve filed a personal injury claim or another type of suit, before you post anything to social media, it’s important to remember that such platforms are considered public record, and anything you post to your pages can legally be collected as evidence.

If existing posts, such as before and after photographs, for example, work in your favor by providing evidence of damages, social media can be beneficial.

But it’s important to understand that many of the things you post – including posts about your injury, which might offer details that are different than those presented in a deposition, for example – could undermine your case.

It’s also important to be wary of deleting photos or deactivating your accounts to prevent them from being used as evidence, because those posts and photos aren’t gone, and attempts to erase them may make it appear as though you are trying to hide something. Like deleted emails or other information, social media posts can be recovered if necessary, so you are better off if potentially damaging posts don’t appear on your social media pages in the first place.

As a rule of thumb, if you’ve filed a personal injury claim, avoiding social media, or being particularly judicious in anything you decide to post, can be your best defense – as well as consulting with a personal injury lawyer in West Palm Beach, FL.

Contact The Law Office of Eric H. Luckman, P.A. for their insight into personal injury claims and social media.