Posted on Tuesday, October 1st, 2019 at 7:08 pm
Social media can hurt your accident claim. It is that simple. Insurance companies and defense teams are always looking for information they can use to mitigate liability. Mitigating liability means less money for a claim, and that is the goal when settling or litigating a personal injury claim. Social media can provide a wealth of information about an accident victim. Unfortunately, this information can result in an accident victim receiving much less for their injury claim than their case is worth.
Three Ways Social Media Can Harm Your Case You Might Not Be Aware of Yet
Publicly posting pictures or comments about your hike, a day at the lake, or even cleaning your home can hurt your injury claim if you are alleging your injuries caused physical impairments. However, your private posts can be just as damaging. There are ways that a defense attorney could gain access to your private social media posts during a personal injury case.
Three Ways Social Media Can Be Used in Your Injury Case
1. Deleted material may still be available.
If you think deleting the information you post online makes the post disappear completely, you could be wrong. Someone could have grabbed a screenshot of the post before it was deleted. A friend could have shared the information before you deleted it, which allowed someone else to access and print the information. Something that was deleted could be stored in a backup by the platform or on someone’s computer who backed up their account, which contained your post.
2. A Judge may grant access to your social media accounts.
Under certain circumstances in some jurisdictions, judges have ruled in favor of defendants who were seeking access to a plaintiff’s online records. If a defense attorney files a motion to compel regarding your social media accounts and present a convincing argument that the information in the accounts is relevant to your case, a judge might agree. Therefore, your “private” posts may no longer remain private.
3. You could lose your right to confidentiality.
In most cases, whatever you discuss with your attorney remains confidential. However, if you discuss the information with others through your social media accounts, a judge could waive confidentiality. Something you might not think is important to your case could be crucial in proving your allegations against the other party. If you do use social media during your personal injury case, never discuss your injuries, the accident or incident, or your recovery. It is best to remain offline if possible until your case is complete.
Contact a Sacramento Personal Injury Lawyer for More Information
Social media has become a powerful tool and weapon in personal injury cases. Don’t make a mistake that could hurt your chance of recovering a fair settlement for an accident that was not your fault. Talk to your personal injury attorney in California about ways to protect your privacy and steps to take to protect your rights after an accident.
Contact our Sacramento personal injury attorneys for a free consultation by calling The Tiemann Law Firm at (916) 999-9000 or by visiting our website.
