It would be accurate to say that everyone is online. Information related to where we go, what we do, who we are with, and even what we ate is available at the click of a finger. Although our intentions are always to share our joys and sorrows with our online network, revealing information online has its pros and cons. It becomes even more important in case of a personal injury wherein a personal injury attorney may use social media content of the involved parties. In case of a personal injury case, the activity of the involved parties on social media may be considered an important piece of evidence.
We know this might sound a little scary, but do not worry! It is important that you understand this scenario well. Let us understand the impact of social media on a personal injury claim through an example. For instance, say that you are a victim of a slip and fall seeking damages including medical expenses related to hindered or restricted mobility because of the accident. But the insurer of the at-fault party checks your social media and finds that you checked into a sports center for a game of basketball. In such a scenario, this could work against you. Alternatively, there could be cases where your personal injury attorney may find that the at-fault party posts something online that proves their negligence.
Content before or after the accident may hamper the case especially in terms of settlement. Hence, we recommend that you stay away from social media and avoid posting any content until the case is closed.
Additionally, here are some specific scenarios related to social media and their impact on your personal injury case.
- Contradicting the testimony: One of the most common outcomes of using social media may be that it contradicts your testimony as a victim, at-fault party, or even a witness. Hence, it is imperative that you are careful about you post especially in an ongoing personal injury case. Moreover, completely disclose all the information that is pertinent to the case to your personal injury attorney.
- Comments from friends: Often harmless comments by friends and family related to the personal injury case on your social media can have a negative impact on the settlement process, although that may not be the intention.
- Strengthening you claim: It is important to remember that social media is not all bad, it can also come in handy and play a positive role by strengthening your testimony, hence, full disclosure with your personal injury lawyer becomes even more important and even advantageous in some cases.
- Admissible evidence: In New York, social media content relevant to a personal injury claim is admissible evidence, that is, a personal injury attorney can use social media posts as evidence in a settlement case. Hence, everything you post online, regardless of timeline may be used.
While it is not possible to complete eliminate your life online, it is highly advisable to refrain from posting during an ongoing personal injury claim. Moreover, when you hire a personal injury attorney to represent you, make sure you allow them to access your social media history so that they can find any relevant information that could have an impact, positive or negative, on your case.
If you or someone you know has been injured due to someone’s negligence, you need the top injury lawyers, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free, and we do not charge a fee unless we win your case.