Social media is an undeniable part of our lives. We share updates and photos and connect with friends and family. But what happens when you’re involved in a personal injury case? Suddenly, those seemingly harmless posts can take on a whole new meaning. At Ruhmann Law Firm, we understand the power and potential pitfalls of social media in these situations.
Gathering Evidence
One of the primary ways social media is used in personal injury cases is to gather evidence. Attorneys and insurance investigators routinely search for publicly available information on the individuals involved in a case. This includes reviewing their social media profiles, posts, comments, photographs, and videos. Any content that contradicts the claimed injuries or damages can be used as evidence against the plaintiff.
For example, if someone claims to have sustained a severe back injury that prevents them from engaging in physical activities, but their social media posts show them participating in sports or strenuous activities, this evidence could undermine their claim.
Establishing Credibility
Social media can also be used to establish the credibility of the parties involved in a personal injury case. Attorneys may review a person’s online presence to gain insights into their character, personality, and lifestyle. This information can be used to support or challenge witness testimonies or claims made during the legal proceedings.
Investigating Causation and Damages
In addition to gathering evidence and establishing credibility, social media can assist in investigating the cause of an accident and the extent of damages. For instance, if a person was involved in a car accident, their social media posts or location data around the time of the accident could provide valuable information about their activities, state of mind, or potential distractions that contributed to the incident.
Furthermore, social media can offer insights into the emotional, physical, and financial impact of the injury on the plaintiff’s life. Posts, comments, or shared content related to medical treatments, lifestyle changes, or financial challenges can help illustrate the damages suffered due to the injury.
Social Media as a Double-Edged Sword
Social media can be a powerful tool for both sides of a personal injury case. Here is a breakdown of how it can be used for and against you:
Evidence for the Plaintiff:
- Documenting injuries: Pictures you post shortly after an accident, especially those showing visible injuries like cuts, bruises, or casts, can serve as evidence of the initial severity of your injuries.
- Demonstrating impact on daily life: Posts detailing limitations caused by your injuries, like struggling with daily tasks or missing out on hobbies, can strengthen your claim for pain and suffering or lost wages.
- Corroborating your story: Posts made around the time of the accident that align with your narrative of events can add credibility to your claims.
Evidence for the Defendant:
- Contradicting your claims: Posts showcasing activities that seem incompatible with your claimed limitations (e.g., going hiking while claiming leg pain) can weaken your case.
- Downplaying injuries: Photos or videos depicting you in seemingly good health can be used by the defense to argue that your injuries are less severe than claimed.
- Inconsistent statements: Public posts that contradict your testimony in court can damage your case’s credibility.
What You Can Do
So, how can you use or engage on social media during a personal injury case? Here are some tips:
- Consult your lawyer: Before posting anything related to your case, discuss it with your lawyer at Ruhmann Law Firm. They can advise you on what to share (or avoid sharing) to protect your case.
- Increase privacy settings: Consider tightening your privacy settings on social media platforms. Limit access to older content and restrict access to your current posts.
- Take a break: The best course of action might be to simply avoid social media altogether while your case is ongoing. This eliminates the risk of accidentally posting something detrimental.
- Be mindful of reactions: Even “liking” or commenting on certain posts can be misconstrued. Be cautious about engaging with content that could be used against you.
Once something is online, it can be difficult (or even impossible) to erase completely. Taking these steps ensures you can minimize the risk of social media negatively impacting your personal injury case.
Seek Legal Help
Social media has become an integral part of personal injury cases, offering both opportunities and challenges for attorneys, insurance companies, and individuals involved. While social media can provide valuable evidence and insights, it also raises privacy concerns and ethical considerations. If you have been injured due to someone else’s negligence, do not hesitate to contact Ruhmann Law Firm by calling (915) 206-5255 today.