How Social Media Posts Can Harm Your Suit
by
Joshua Joseph Wagner on Sep. 15, 2017
Accident & Injury Personal Injury Accident & Injury
Summary: Social networking sites are the first place investigators turn today and that is why it is imperative a plaintiff is cautious about what they post on their site, because that can later be used as evidence against them.
Social networking sites have changed the way attorneys view plaintiffs in civil suits. Privacy is no longer a concern, especially when people are so willing to put their private lives and information on the internet for everyone to see. From sharing photos to discussing daily activities and even checking in at random locations, all it takes is a glance at someone’s profile to learn all you need to know about them. Insurance companies and defense attorneys use social media to their advantage and often hire investigators to find whatever negative information they can. These will then be used at trial or for an advantage in settlement negotiations. Social networking sites are the first place investigators turn today and that is why it is imperative a plaintiff is cautious about what they post on their site, because that can later be used as evidence against them.
How Social Media Posts Can Harm Your Suit
Social media can help an insurer question the seriousness of your injuries. It is their strategy to contest the extent of your injuries and then lower the amount of damages they must pay. Their investigators will look on social media for pictures that prove you have engaged in activities that undermine your claims. For example, you claim that you are disabled, but then your social media profile has pictures of you dancing.
Shifting fault to the plaintiff instead of the defendant. Some individuals will openly discuss the facts of their claim on social media. Investigators will look for this information and see if any of it provides them with motives to prove you were at fault or even partially at fault for the accident.
Social media posts can also reflect poorly on a person’s character. While this information is not always admissible in a lawsuit, it can still be damaging. The more a jury likes the victim and the more they sympathize with their injuries and plight, the more they will award. If they do not like or trust the victim, they will often lower settlements.
Social Media Posts and Your Settlement Agreement
Not all settlement agreements come with a confidentiality clause, but if yours does and you sign that clause, you are legally bound to it. That means you cannot discuss the details of your case with anyone and that includes social media. If you were to share the details of the settlement - or any details that appear to be relevant to the case - you could be in violation of that agreement and be forced to repay the settlement and possibly additional fees to the defense.
Avoid Social Media
Social media is a place to update family and friends, but not a place for your lawsuit. If you are in the midst of a personal injury lawsuit, refrain from posting, avoid pictures and even set your profile to private. Doing so can help reduce the chances you will accidentally harm your case.
Contact an Attorney for Your Claim
An attorney that is familiar with today’s modern technology is important too. Your attorney can advise you as to what to do and what you should not do. Contact the accident attorneys at Vasilaros Wagner today regarding your accident case. You can schedule your free consultation by calling 386-777-7777.
