Could Your Social Media Activity Sabotage Your Personal Injury Case?

 Posted on April 18, 2016 in Personal Injury

Once used only by the technologically savvy or “hip” folks, social media has become a place where almost everyone gathers to share their lives, photos, thoughts, and opinions. For most, it is a fairly innocent experience, one that connects family members, friends, and even potential friends from around the world. Others have unfortunately had exactly the opposite experience – getting fired from their jobs for inappropriate conduct or even being arrested for committing a crime. 

Of course, not everyone commits a crime and then documents it on Facebook, and posting private information about a client or patient on Instagram only applies if you happen to work in a field where confidentiality is a requirement. But what about other situations? Take, for example, a personal injury case, such as a car accident or a workplace injury . . . could social media affect you in these areas as well?

Social Media: The PI That Never Sleeps

There was a time when insurance companies would hire private investigators to follow up on plaintiffs filing personal injury lawsuits against them. They could not go into someone’s house, but they could follow them around, see what they were doing, and try to collect incriminating evidence that showed the individual was not as injured as they wanted the courts to believe.

Facebook, Instagram, and Twitter have nearly made such investigators obsolete because, unlike your human investigator, these social media accounts never sleep. People post pictures of vacations, office parties, and social gatherings without ever thinking about how it might look to a judge or jury deciding on their case. And, unfortunately, this sometimes causes them to lose.

An Effective but One-Dimensional Argument

The harsh reality is that social media, and our online presences, have advanced faster than the law. As such, courts are still trying to establish some parameters to determine if, when, and just how relevant our social media usage may be inside of a courtroom. But there have been cases in which entire computers have been subpoenaed as evidence, and some personal injury plaintiffs have lost their cases because of their social media postings.

Of course, most people only show a portion of our lives on social media and, despite how it might appear, they may be struggling with emotional injuries that cannot be seen. Alternatively, they may be obligated to make an appearance at a social gathering and, at the end of the day, find themselves in excruciating pain from pushing themselves too hard. Still, experts say it is better to simply avoid all social media – particularly photos and posts that pertain to your case – until the matter is fully resolved.

Get Skilled and Experienced Help with Your Personal Injury Case

If you have recently been injured because of someone else’s negligence, it is important that you seek assistance from a skilled and experienced attorney to ensure your rights are protected against the insurance companies. Gimbel, Reilly, Guerin & Brown, LLP has been providing highly experienced, comprehensive legal services to victims and their families since 1968. Ask our Milwaukee personal injury attorneys how they can help with your case. Call 414-271-1440 and schedule your consultation today.

Sources:

http://globalnews.ca/news/1664297/in-a-crash-social-media-posts-could-impact-your-claim/

http://globalnews.ca/news/2543024/how-your-social-media-posts-could-affect-future-personal-injury-lawsuits/