Social media has become an everyday part of our lives. It seems like everyone is so busy connecting, posting, sharing, chatting, and Tweeting that they may not always be thinking about their privacy or who can access the information they are openly sharing via social media.
Did you know that if you are in the midst of personal injury litigation, that access to your Facebook, Twitter, Instagram, TikTok, or other social media—as well as email sources—can be made accessible to the opposing attorney and the insurance company through the discovery process that takes place during trial preparation?
That’s right—what you post on your social media accounts can be used against you during a personal injury claim. How? Let’s say that you were hit by a speeding driver and are suing them for damages. If you claim to have been seriously injured in the crash but are posting pictures of yourself out and about with friends looking healthy as can be, the opposition can use this as proof that you are exaggerating or faking your injuries, which can delegitimize your claim.
Unfortunately, merely deleting or hiding such photos or posts isn’t going to help you. In fact, it may look suspicious—like you are hiding something. Deleting something may do more harm than good to you and your case and could affect your personal injury settlements! So, if you are in the midst of litigation, or are even considering filing a personal injury claim, stay offline. You don’t know how what you post can be used against you, so it’s best not to share anything on social media at all.
Do not be deceived by insurance companies that pretend to care about your wellbeing—they are NOT YOUR FRIEND; they are NOT ON YOUR SIDE. Rather, they and the opposing counsel are seeking any and all information that will help them to challenge or compromise the validity of your personal injury claim. Information that can be used against you could even include information that may have been posted prior to your injury accident!
If you have suffered a personal injury, be sure NOT to discuss the details of your injury with ANYONE except the professional, skilled trial attorney you have chosen to represent you. Your attorney will advise you on how to conduct yourself during the claims process and can provide guidance if you have questions about your social media use.
For a free consultation regarding your injury and how we can help, contact our Phoenix personal injury lawyers at (602) 483-6114 or online.