Those Facebook and Twitter Postings Can Be Used against Your Personal Injury Case

You might feel comfortable at home boasting on Facebook, posting pictures on Instagram, sending out emails and tweets, but more and more these social media updates are being used in court to destroy plaintiffs’.

Not only are defense attorneys researching the plaintiff’s social media history, but we are even seeing demands now for email accounts and user ID information for all social networking sites. This means that defense attorneys can see private posts and emails as well as possible reposts from friends of what you might have deleted.

How can this hurt your personal injury case?

We recently had a potential client contact us with a claim of a severe back injury that he said greatly affected his quality of life. Unfortunately his Facebook postings of dancing and weight-lifting told another story.

If you are claiming that you have a serious injury, that you can’t leave your house, that you are missing out on many social activities, it is important not to post jokes or pictures that can be interpreted as contradicting your claims.

So what can you do to protect yourself?

  • Don't post jokes or photoshopped pictures that can be misinterpreted or taken seriously out of context.
  • Post only what you don't mind everybody and anybody seeing. You never know who will repost it and who will have access to see it. As I said, lawyers can now make demands for User Ids to see private messages and postings.
  • If you are involved in a case, be truthful with your lawyer.
  • Don't post anything that contradicts what you have told your lawyer, even if it is an old picture or not meant to be taken seriously.
  • Don't post anything that can cause misinterpretations about your character or your actions.
  • Most importantly, be smart and use common sense. The Internet is a powerful tool but it can cause as much damage as good.

If you are involved in a case and have concerns about your social media, speak to your lawyer. They are on your side and can only work with you when communication lines are open.

From the Author: Goldstein and Bashner

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