There are more social media platforms than ever. From Facebook and Twitter to Instagram and TikTok, it’s easy to connect with people all over the world. And while sharing your life online can be fun, it can also be detrimental to your legal rights.
Such is the case when it comes to using social media during a pending personal injury claim. Careless posts and comments could potentially undermine or even destroy your case. Our Hollywood, Florida personal injury attorneys at Klotzman Property Damage Law explain how social media can be an issue.
How Social Media Pictures and Posts Cause Problems
Posting pictures online is one example of how social media can harm your personal injury case. If you were in an accident, you should have some physical limitations. Most victims would not knowingly post something online suggesting the opposite. But the old adage about pictures is especially relevant, “they say a thousand words.”
One category of injuries you may claim is non-physical. This includes anxiety, depression, emotional distress, and decreased quality of life. Perhaps you post a picture of yourself on Instagram having a good time in a social situation. It would not take much effort for the at-fault party’s attorney to find this. And even though your non-physical injuries are real, the picture makes it harder to prove them.
Status updates, like those on Facebook, run the same risk. You may believe that a positive, upbeat message on your account is harmless. But the question might arise: are you really suffering when your online posts suggest otherwise? Your Hollywood, Florida accident lawyer might have to defend that content later.
No Need to Raise Unnecessary Questions
One of the biggest issues with social media is that it can raise unnecessary questions. Often, it paints a picture of a personal injury victim that is inconsistent with that person’s injuries. Even if there’s nothing wrong with the content, it can serve as a major distraction in a lawsuit. You and your Hollywood, Florida personal injury attorney could be unnecessarily put on the defensive.
Let’s suppose you broke your leg in a car accident. As part of the damages, you seek pain and suffering damages. Before your trial you decide to take some time to visit the beach. This is reasonable, especially considering the stress of an injury and lawsuit.
But if you start posting pictures from your trip online, this could get the defendant’s attention. And it’s easy to see why. It seems contradictory that you are in pain and suffering yet enjoying the beach.
Your pictures may also open the door to other questions. What else did you do while at the beach? Could your other activities undermine your damages claim? Even asking these questions is enough to raise doubts with a jury.
Don’t Discuss Injuries or Money Online
You should refrain from posting online about your injury at all. But if you do mention it, don’t comment about your medical condition. You likely will not understand how serious it is. Anything suggesting you’re not as hurt as your lawsuit claims could damage your case. A doctor or expert witness should be passing judgment on the nature of your injuries.
Don’t mention money either. Estimating how much your case is worth could backfire for two reasons.
First, you may be underestimating the damages amount. New information could come to light that makes it necessary to amend your original complaint to seek more compensation. But a contradictory social media post doesn’t help you make your case.
Second, discussing money makes it look like you’re trying to cash in on your lawsuit. Again, this makes your Hollywood, Florida personal injury attorney’s job of winning over a jury more difficult.
Our Hollywood, FL Personal Injury Lawyers Are Here to Counsel You
If you’ve suffered a personal injury, count on the seasoned legal counsel of our injury lawyers in Hollywood, Florida. We can advise you on how best to manage your social media accounts during your litigation. To get started on your case, give us a call today.