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Can Social Media Impact My Personal Injury Case?

On Behalf of | Jul 5, 2021 | Firm News

Car Accident

Posting on social media is usually harmless, like when a person posts a photograph of their meal, their family, or their vacation. However, posting too many details about a car accident that led to a personal injury lawsuit can negatively impact a person’s case.

Admitting fault in a social media post can actually have negative outcomes for those who are involved in a personal injury lawsuit. In fact, there is a case of an individual who was placed under arrest after admitting to drunk driving on Facebook. This is just one example of how social media plays a role in a personal injury case. Those involved in a personal injury case should contact a lawyer for advice on what not to post on their social media profiles.

Does it Matter if My Profile is Public or Private?

Many people may be under the false impression that having a private social media profile will prevent them from facing the consequences of their posts. However, this is untrue. In fact, during the discovery phase of a personal injury lawsuit, the lawyer may ask the victim to provide print outs of their social media posts. This is ultimately to help build their case against the plaintiff by showing any incriminating content that contradicts the plaintiff’s testimony.

Similarly, the victim may receive a court order to provide information about their social media accounts and posts. This may happen if the victim initially refuses to show their account. However, this is ultimately suspicious and could lead to further problems down the road. Therefore, the victim should be upright about their posts, but they should also avoid making any posts during the duration of their personal injury case. This will help to avoid shedding any negative light on the victim, which can ultimately affect the outcome of the lawsuit.

One should note that victims should not delete their social media profiles altogether. This could lead to more issues. Deleting one’s account is generally suspicious and could backfire, including a court order against the plaintiff to reactivate their deleted account in order to provide evidence.

In general, victims should keep their profiles private, avoid accepting any friend requests from people they do not recognize, and avoid posting as much as possible. They should also watch what their family and friends are posting on their behalf to ensure that it is not incriminating.

What Social Media Posts Could Hurt My Case?

Someone involved in a personal injury case may wonder what social media posts might interfere with their personal injury case. This depends on the type of claims they are making, therefore, it often changes from case to case. However, there are some posts that plaintiffs should stay away from. Some posts to avoid include:

  • Accident victims who claim that they suffer from pain and suffering or loss of enjoyment of life should not pose happily for photographs, especially immediately after the incident.
  • Accident victims who claim that they are unable to perform daily duties because of their injury should avoid posting photographs of them performing high-intensity physical activities, like running, hiking, or dancing.
  • A victim who claims that their earning capacity is lower after their injury should not post affiliate links or difficult home projects.
  • An individual who posts anything that could indicate that they are guilty for an accident. An example of this is a person posting photographs of them drinking and then driving.
  • A victim who posts about their settlement offer, even if they have a confidentiality provision.

Those who are involved in a personal injury case should avoid posting anything that contradicts their claim on social media. This could severely impact one’s case. In fact, it could prevent someone from collecting their compensation to cover the costs of their personal injury.

Why Should I Speak to a Personal Injury Lawyer?

Those who are suffering from an injury due to another person’s negligence should contact a personal injury lawyer. A lawyer can help a victim obtain entitled compensation for both financial and emotional losses, including medical bills, lost wages, and pain and suffering.

Most personal injury cases are attributed to a person’s negligence. A lawyer can help their client hold guilty parties accountable for the negligence that led to the injury. A lawyer can also help their client maximize their settlement offer in order to help compensate them for the emotional and financial losses that resulted from the personal injury.

A lawyer can also provide some expertise on what not to do during a personal injury case. Some of this advice could include what not to post on social media. Some lawyers may even request that their client avoids social media altogether while their case is pending. A lawyer may even tell their client to ensure that their friends and family are not posting any incriminating content that could jeopardize the results of the case as well. This may change depending on the case, however, a client should follow their lawyer’s recommendation.

Pittsburgh Personal Injury Lawyers at AlpernSchubert P.C. Help Clients Avoid Legal Problems in Personal Injury Cases

If you need help with a personal injury case, you should contact a Pittsburgh personal injury lawyer at AlpernSchubert P.C. A personal injury can lead to medical bills, lost wages, and emotional losses, and social media posts can jeopardize your case. We can help you avoid legal pitfalls. Call us at 412-765-1888 or contact us online for a free consultation. Located in Pittsburgh, we proudly serve clients throughout Western Pennsylvania, including Allegheny County, Lawrence County, and Washington County.