Social media has come to play an increasingly important role in our lives, so it is no longer surprising to see others post about their daily activities and milestones online. While this does enable us to stay in contact with distant loved ones, it can also have a negative effect on other aspects of our lives. For instance, those who suffer injuries in accidents and who post about their accidents online could end up harming their own chances of filing a successful claim for compensation. Fortunately, these mistakes can be avoided by those who take certain precautions, so if you were recently injured in an accident, it is important to contact an experienced personal injury lawyer who can explain your legal options and advise you throughout the proceedings.
Access to Social Media Accounts
It’s critical to remember that just because our accounts are set to private, that does not mean defendants and their attorneys cannot find images, status updates and uploads that are posted online. Unlike emails and text messages, which require search warrants, social media posts do not have the same protections and are instead considered public statements. While changing one’s privacy and security settings does make it more difficult for non-acquaintances to access their online profiles, personal injury plaintiffs should assume all things they post online can be seen by others.
Examples of Damaging Social Media Posts
When attempting to collect compensation after an accident, injured parties must provide evidence of someone else’s negligence. This evidence can be wide ranging and includes everything from photographs and videos to eyewitness testimony and social media content. However, this evidence can also be used against claimants to discredit them. For instance, if a plaintiff is seeking compensation for a neck injury, but posts a photo or video online soon after the accident, that footage can be used to cast doubt on the plaintiff’s claim. Other online evidence that can be used against a plaintiff after an accident includes:
- Social media posts;
- Image uploads;
- Location check-ins;
- Job updates;
- Selfies;
- Status changes;
- Tagged posts or images; and
- Tweets.
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While it’s important to note that any posts can be skewed and used against a plaintiff, even if they were posted innocuously, injured parties should be particularly wary of:
- Admitting fault for an accident;
- Issuing an apology or expressing regret for an accident;
- Posting photos and videos from the scene of the accident;
- Posting images that could minimize their injuries; and
- Posting aggressive or inciting rants about the accident.
Finally, plaintiffs should be sure to ask their family members, friends and loved ones to avoid posting anything related to the accident online, as these posts can also be used to disprove a claim of negligence.
Contacting an Experienced Personal Injury Lawyer
Posting on social media can play a significant role in the outcome of a plaintiff’s personal injury claim, so if you were hurt in an accident, please call Mary Ann Covone, P.C. Attorney at Law at (708) 246-4911 to speak with an experienced Western Springs attorney about protecting yourself throughout the litigation of your claim.