Avoiding Social Media During a Lawsuit

When you suffer an injury due to someone else’s carelessness, you may find yourself on a long road to recovery. You may be unable to work, partake in the activities you once enjoyed and suffered through some severe pain. Since you have lost money from being unable to work, you decide to file a personal injury lawsuit against the responsible party to help get you back on your feet.

During the lawsuit, there are some things you should stay away from, namely social media. It may be a large part of your life, but during your litigation, you should not engage. Here are some of the reasons why you should cut off updating your feed until after your lawsuit is over.

Your Posts Will Be Used Against You 

You may believe that posting pictures of places you go or food you eat is harmless, even during a personal injury lawsuit. However, you need to understand that these posts can help the defendant in your case discredit you. If you file a lawsuit claiming you are unable to kayak, yet you post pictures from the water, these may come into play during court to try and disprove your assertions of pain or long-lasting injury. Every photo you post and every comment you make may come into evidence during the proceeding.

Even if Your Account Is Private, it Is Evidence

The defendant’s legal team will go to extreme measures to try and disprove your allegations of negligent behavior and injury. Their job is to protect their clients from financial ruin. It is not illegal to obtain your social media activity unless there is hacking involved. However, most legal defense teams do not need to resort to this illicit activity to find out about what you post. Instead, they may be able to use your friends’ accounts as a gateway to get access to your public posts and feed. Thus, your public posts find their way into court to discredit you.

Stop Posting – Don’t Delete

If you have social media accounts, understand the defense team is going to find them. It may be difficult to stop using them, but you must for the sake of your case. However, something you should not do is delete these accounts or any prior posts. Even if you feel like those posts are in poor taste or could impact a jury’s decision, removing them entirely will not go unnoticed. The defense team will convince the court that you deleted these accounts or posts to hide something nefarious.

Social media is a wonderful tool to stay in touch with friends and family. However, during a legal action, it is wise to stay away from it. Ask a personal injury lawyer, like a personal injury lawyer in Melbourne, FL, for tips on how to handle this.

Thanks to the Law Offices of Arcadier, Biggie, & Wood, PLLC for their insight into how social media can be used as evidence in a lawsuit.