Personal injury victims should stay off of social media such as Facebook during the pendency of a personal injury claim. There are many reasons, and some are set forth below.
DEFENSE ASKS FOR IT
If you’re claim becomes a lawsuit the first thing that the insurance attorney will do is send written discovery relating to your claim and including discovery regarding your social media accounts. This is been a new trend in litigation and defense attorneys believe it will help them with their cross examination of the witnesses.
POSTS TAKEN OUT OF CONTEXT
If the defense obtains posts such as those you take on a vacation, they will use the information to suggest that you are not as injured as your medical records may indicate. Smiling faces and happy times can easily be taken out of context to suggest you are faking.
ASSUME A JURY WILL SEE IT
Even relatively harmless posts can offend some or lead to a wrong impression. Facebook and other social media posts have been held admissible and many different cases and actually have been used against people and criminal matters. Additionally, many courts have used social media posts in connection with jurisdiction determinations.
Without a doubt posting on social media if you are a personal injury victim with the claim pending is not a good idea. Even the most harmless posts can be misconstrued and extreme caution should be utilized for anyone who has a claim pending.