Many people use social media to catch up with friends, family, and acquaintances. Social media platforms have quickly developed into personal spaces where individual account owners share the latest news about themselves and their lives. This information shared can sometimes be used against the account owner. Personal injury cases are one of the instances wherein shared information may be used against account owners. A personal injury lawyer notes that insurance companies and adjusters may use the information provided by an accident victim on their social media page as a tool against them in their compensation claim.
Accident victims who go online to publicly vent about the details about their personal injury cases may hinder their chances of winning their claim. Whether you have posted about your frustration or shared some celebratory news, the information may be used against you. If you have been injured by another person and wish to pursue compensation for the damages suffered, it is best to stay off social media.
Are Social Media Posts Admissible In Court?
Many people make personal posts on their social media because they are under the illusion of privacy. However, this may not totally be true. Courts can issue a warrant to extract information contained on the claimant’s social media page. In fact, the insurance company or adjuster may also access the information online simply by searching for you or adding you as a friend.
Many courts today consider Electronically Stored Information (ESI) admissible. This means that ESIs that are obtained legally, including text messages, emails, tweets, Instagram feeds, Facebook posts, and others can be extracted and used against you, not only in a personal injury case but in all cases. For electronic information to be admissible, however, it has to meet some criteria. These include;
The evidence must be relevant.
The evidence must be valuable to the defendant’s case.
The evidence must be concrete and not hearsay.
The evidence must be authentic and must have originated from or about the defendant.
Having established that social media posts can be used against you on your journey to claiming compensation, below are some of the ways to protect yourself.
Don’t Post About Your Accident Or Case On Social Media
If you or a loved one has been injured in an accident caused by another party, avoiding social media until your case has been settled is recommended. There is a high chance that you may post about yourself, your pain, or even the accident. Even if you aren’t posting about the accident and injury, there is a high chance that innocent posts may be misconstrued and used against you. Staying off social media or stopping yourself from adding any new information on social media can help prevent this.
Comments From Others Can Hurt Your Case
If you cannot stay away from social media, you need to know that comments made by others can somehow affect your case. If you have suffered an injury that has greatly affected your health, concerned parties may ask how you feel and this may cause you to explain the accident or the extent of your injuries. This information can be used against you, especially if the insurance company finds it to be inaccurate.
Making Your Profile Private
Another way to ensure that social media has a lesser effect on the outcome of your case is by making your profile private. While this does not confer total immunity, it ensures that you have control over who can see your page and what you post. To learn more about the dos and don’ts of personal injury cases, visit https://cushinglaw.com/
Cushing Law Offices
One Northfield Plaza, Suite 222
Northfield IL 60093