Hi, my name is Lee Pearlman, and I’m a partner and personal injury attorney at the law firm of Denmon Pearlman, and today I want to talk to you a little bit about social media and your personal injury case, and how important it can be in the determination of the outcome of your case in general.
Limit What You Are Posting
Clearly, we generally want to limit the information that the other party may or may not have when it comes to social media and your personal injury case.
So in this circumstance, if you are the victim of someone’s negligence, such as a car accident, a slip and fall, something to that effect, and you are pursuing litigation against the party that wronged you, that was negligent in their operation or their manner, or whatever they did to cause harm to you — let’s limit information that we put out into social media.
Whether it be Facebook, Twitter, Instagram, it doesn’t matter. All of those are easily accessible by the other party. In this case, it would be the defendant, the person that you’re pursuing your claim against.
The Other Side Will Look Be Looking
They will. guaranteed, look through your social media.
Now again, I’m not saying to be dishonest, or mislead, or anything of that nature in regard to what’s going on in your life as the result of the accident or negligence.
What I’m saying unequivocally, though, is don’t post things about your life that can be easily viewed or accessed by opposing counsel, or the opposing party.
Information Can Be Misconstuted
The reason for limiting what you are posting is whatever you may be posting, it can be misconstrued when it comes to social media and your personal injury case.
It can be altered. It can be used against you in ways that might not be fair, and it might alter the trajectory or the course that the case is actually taking.
For example, you are injured and you post a video where you were dancing, or you were swimming or doing some sort of physical activity. You might have been in pain while you were doing the activity. It might have been something you didn’t necessarily want to do or be involved in, but you did it — and it hurt, or the next day it hurt, or two days later it hurt.
You know it was painful. But the reality is, it doesn’t matter because that one small segment in time has now been preserved.
Whether it was something you wanted to do, didn’t want to do, were injured, weren’t injured, it will be used against you, and it will create a potential issue in your case as far as what is the value regarding the damage, injury, and things of that nature.
Social Media and Your Personal Injury Case
So, for those reasons, the advice is do not post on social media when you have a case going on. And again, the reason for that it to prevent things from being misconstrued or used against you in some way that they shouldn’t be.
So, don’t post. I don’t care if it’s Facebook, Instagram, anything to that extent, regarding your life, your physical well-being, what you’re doing, your trips, your vacations, your physical activities, things of that nature.