Of course, any plaintiff with a pending lawsuit should exercise extra caution while using these sites. If your social media presence is viewable by the public, discussing the contents of your case or sharing too much personal information about your life might seriously damage your potential to get compensation for your injuries and losses.
If you have questions about social media’s impact on personal injury claims, contact a personal injury lawyer to learn more about how to handle social media about your case. At Rasansky | McKenzie Law, our compassionate, caring lawyers have served injured Texas for several decades because of our unwavering dedication to protecting client rights and interests.
Social Media and Personal Injury Claims
One major risk of juggling your social media profiles while litigating a personal injury claim is that discrepancies and contradictions may emerge. Take the hypothetical case of someone who states they are unable to engage in physical activity due to a crippling back injury from a car accident.
The seriousness of their injury, however, can be called into question if their social media postings reveal that they are actively participating in physically demanding activities, such as hiking, casual sports, or any other strenuous hobby or activity.
In a similar vein, someone who claims they are enduring extreme emotional pain because of an injury might hurt their case by sharing photos of themselves having fun at parties or embarking on a vacation. When inconsistencies threaten a plaintiff’s claim for damages or general allegations, the defense could raise doubts about their validity.
Insurance Investigations and Social Media
Both the defendant’s legal team and insurance companies are cognizant of the fact that social media plays a role in personal injury lawsuits. In turn, they often hire investigators to look for evidence online that might be used against the victim in a Texas personal injury claim.
Thus, those involved in a lawsuit need to exercise caution when sharing information online. This is essential since investigators for the defense or for an insurance company may pretend to be friends or acquaintances to attempt to have a plaintiff add them to their social media accounts, and that information (provided it is introduced during discovery in Texas) is legal to use against you in a court case.
Guidelines For Social Media Use in a Personal Injury Case
Be careful about what you put on social media while involved in personal injury litigation. Unfortunately, even the most innocuous of messages or images can be exploited and used against you. By keeping the below in mind, you can ensure that you avoid doing anything on social media that might hurt your case.
- Remember to change or update your privacy settings: You should be able to decide who can view your posts, images, and general data. Double-check your privacy settings on all of your social media accounts to ensure that only your friends can view your posts.
- Avoid sharing anything about your case on social media: Avoid sharing any information on your case online, especially on social media. Investigators for the defendant and insurance companies tend to scour social media. If you post anything about your case, even if it seems innocent and straightforward, it could still be used against you.
- Do not post videos or images that contradict your cause of action: You’ve likely worked hard to build a strong claim with your legal team. So, as we mentioned above, make sure you avoid posting videos or images of yourself doing things that contradict your cause of action (or your claim for relief). For example, don’t post videos and images of yourself skiing on vacation if you claim that a car accident has left you with leg pain.
- Avoid accepting new friend requests: Because the “other side” may try to use a dummy profile to send you a friend request, it’s best to avoid accepting any new friend requests for the duration of your claim, particularly if you notice new friend requests from apparent strangers or people with mutual friends that you have never met.
Remember that it might be difficult to restrict the diffusion or retrieval of anything after it is placed online. So, be careful not to reveal anything that might hurt your personal injury case. You may increase your chances of collecting reasonable compensation for your injuries by exercising care and seeking counsel from legal specialists while navigating social media properly.
Contact a Personal Injury Attorney in Dallas
Getting in touch with a Dallas personal injury lawyer as soon as possible is essential if you’re dealing with the aftermath of an accident. With the help of a skilled, compassionate lawyer, you can build a strong case to collect compensation for your injuries, allowing you and yours to cover current and anticipated expenses as a result of your accident.
At the Rasansky | McKenzie Law in Dallas, we’ve been helping people hurt in dog attacks, slip-and-fall accidents, car crashes, and so much more for more than three decades now. In addition, we provide reliable legal counsel to our clients, thanks to our staff of experienced lawyers. We’re ready to investigate the specifics of your accident and evaluate the merits of any potential legal claims so that you can secure the justice you deserve. Moreover, we’re happy to help you answer any questions you may have about the relationship between social media and your personal injury claim.
Contact our Dallas personal injury lawyers at (214) 651-6100 for a free consultation at any time after you have sustained injuries in a Texas accident and need advice on what to do next. Remember that you pay us nothing until we successfully resolve your case and you get the recompense you deserve after an accident has turned your life upside-down.