Social media is an integral part of our life today. You want to share with those dear to you and make those who are far away feel as if they are with you. You talk about what is happening in your daily life, your frustrations and achievements, your health, activities with the kids and more. So, why not post on social media about that car accident or slip and fall or how your personal injury lawsuit is progressing? Unfortunately, it can be used against you.
You’ve been involved in a car accident in which you suffered a back and neck injury. You cannot walk or sit without severe pain and are unable to return to work immediately. You decide to file a personal injury claim against the other driver. You post pictures on Facebook of you engaging in activities with your kids saying how you are recovering; friends and family post questions to you about how you are feeling.
Unfortunately, social media updates can backfire on you if you are pursuing a personal injury claim. Maybe you post a picture of you where you appear to be doing things you should not be able to do because of your injuries. Or, you might say something that unintentionally contradicts your statement or that of others involved. Posts, pictures and status updates like this can hurt your claim.
If the defense attorney or the insurance companies find pictures and posts like this, they can use it against you, leaving you high and dry, getting no compensation for your medical bills, pain and suffering, emotional or psychological injuries.
You may think your privacy would shield you from anyone using your status updates and pictures against you, but you should know that just about anything you send, post or share is open to be used – for your claim as well as for the defense.
In Missouri, trials must follow the Missouri Rules of Evidence. Under these rules, statements that people make outside of court are typically considered to be hearsay and are inadmissible; however, as always, there are exceptions to the rule.
When you file a personal injury claim, the statements that you have made outside of court can be used against you because you are a party to the case. The statements that your family and friends make on social media are also admissible to the extent that they contradict any testimony that they give on your behalf in court. For instance,
But what do you post when you are involved in a personal injury lawsuit?
Nothing, especially, do NOT post
Checking in on Facebook or other sites can show that you are participating in activities that contradict the injuries you are claiming, and location posts can be used as well.
Questions? Our knowledgeable staff is available at (877) 284-6600.
Make sure all your social media settings are set to private, or the highest level of privacy offered. Be aware that switching your profile from public to friend only may not give you the protection you expect but it can help narrow who can see what you share. Keep in mind, the defense may file a demand to produce documents including copies of your social media pages even if your account is private.
Make sure you do this with ALL your social media accounts. Facebook is probably the most social, but think about Twitter, Instagram, LinkedIn and others.
If you say something on social media that works against your case, it can hurt your chances of recovery.
When you want to obtain compensation for your personal injuries, you will need to prove who was at fault. Depending on your situation, this can get complicated. With the help of a personal injury lawyer the odds of a successful outcome increase.
Contact the capable counsel at Nash & Franciskato at (877) 284-6600. One of our experienced staff will speak with you personally and will provide you with a free, no-obligation case evaluation.
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Editor’s Note: This post was originally published March 6, 2020. It was reviewed on October 31, 2023 and updated for content and accuracy.
