As you struggle to cope and recover from your car accident injuries, you’ll probably need an outlet for the frustrations that you’re experiencing. For many, social media is a great place to turn to connect with others and unload our emotional baggage. But if you’re pursuing a personal injury lawsuit in hopes of recovering the compensation you need, then social media can pose a threat to you and your financial stability.
How social media can harm your car accident personal injury case
There are two aspects of your personal injury case: proving liability and proving your damages. Your social media posts can jeopardize your ability to prove both of those elements. Here’s how:
- Statements made on social media might be twisted out of context: Social media posts are often made without much context, inviting the defense to misconstrue your words and your photographs. These posts, in turn, might be used to show that you’re apologetic for the accident, thereby triggering the state’s comparative fault law, which could ultimately reduce or even deny your recovery. So, be careful when posting on social media. You’re better off waiting to post until after your case is over.
- Posted photographs and videos might be used to argue that you’re not as injured as you claim to be: If you have an injured back, then a photograph of you playing basketball with your child could be used to argue that you’re exaggerating your injuries. The photograph doesn’t show that you were in pain as you were trying got spend quality time with your child, and you don’t want to leave that determination in the hands of a judge or jury. If you do, then you jeopardize your ability to recover compensation for the full extent of your damages. So, make sure you scrutinize any pictures before you post them on social media.
- Posts can be used to downplay the impact that the accident has had on other aspects of your life: Your non-economic damages, such as your enjoyment of life and pain and suffering, are going to make up a significant portion of your damages. But a social media post can make it look like you’re getting along just fine after your accident. When these posts are used against you, they can lead to a reduction in the amount of compensation you recover.
- Posts can be used to show that either you or your witnesses are untrustworthy: In many personal injury cases, the outcome hinges on witness testimony. Therefore, you need the court and the jury to find your witnesses’ testimony more credible. Social media posts can hurt your ability to do that, though, as the defense might use your posts to show that you or those witness possess a character that lacks truthfulness, which diminishes the value of the testimony provided. Therefore, not only do you want to avoid posting on social media during your case, but you’ll also want to block access to it and remove any older posts that might be problematic just in case.
Don’t let social media threaten your personal injury case
We know that social media is a powerful outlet, and many of us turn to it on a daily basis. But resorting to social media use during your personal injury case is dangerous. It can lead to a diminished or barred recovery, and it might make you uncomfortable during your trial. So, do your best to put down your phone and work with your attorney to build the strongest personal injury case possible under the circumstances.
