Social media is now more accessible than ever through smartphone technology. With just one click of a button, you can connect with hundreds of thousands of people sharing personal posts on popular social media outlets like Instagram, Facebook, or TikTok without a second thought. Access to social media helps friends and families stay connected from anywhere in the world. However, the consequences are limitless when private or sensitive information is shared.
After a personal injury accident, you must be careful what you post on social media. Your pictures, comments, and shared videos may hurt you later if a picture, statement, or video indicates your claim does not match your current claimed condition. To increase your chances of winning a personal injury settlement, avoid posting to social media outlets if possible before recovering out-of-pocket economic and non-economic damages.
The Florida personal injury lawyers from Fasig | Brooks Law Offices can help you after an unfortunate accident and offer expert legal advice every step of the way. Our top-rated attorneys are well-equipped to handle your claim, no matter how complex or challenging!
How Can Posting to Social Media Hurt My Personal Injury Claim in Florida?
Posting to social media has become second nature to many avid smartphone users. Though social media can be an enjoyable place to connect with others, social media does have its disadvantages — especially for those who may be filing a personal injury claim with a Florida attorney.
The pictures you post on social media have the potential to harm or discredit your claim. If you say the wrong thing, post something misleading, or appear as if you are not injured, your personal injury claim can be called into question. The defendant’s attorney may use your photos or videos against you to show that your injury has not affected your life or profession as you have claimed.
Judges and jury members may be inclined to believe you are continuing life as usual if social media posts reflect something different from your claim. Certain aspects of your social media posts can cause irreversible damage to your claim. Attorneys may monitor your posts in hopes of finding fault with your claim through details including but not limited to the following:
Checking in to Places You Visit
Are you checking into every place you visit on social media apps regularly? Attorneys may see the places you are going via social media and believe you are not as severely injured as you claim. Checking in on social media can be especially harmful to your claim if you are visiting places where you are expected to get up and move around, like a bowling alley, a concert, movie theaters, the mall, outdoor events, sporting events, and more.
The best way to avoid social media check-ins damaging your claim is to not check in on your social media apps when visiting places you would not like broadcasted. Even if you are there and not participating in activities, attorneys believe differently after viewing your social media.
Posting to Social Media May Mislead Attorneys to Believe You Can Do More than Stated in Your Claim
The places you post can mislead attorneys to believe you are not severely injured after your accident. Be mindful of where you visit after a personal injury and how that may reflect on your personal injury claim. Posting your whereabouts to social media after an accident can call your injuries and mobility into question after a personal injury accident.
Social Media Comments Made by Family or Friends on Your Profile
If you’re still posting on social media after an injury, your personal injury attorney will advise you to avoid saying certain things that can harm your personal injury claim. However, your friends and family may not know what they should or should not say on your posts. Others who comment on your social media posts with statements about your claim or your injuries could also hurt your chances of winning a personal injury settlement.
Are Social Media Posts Admissible in the Courtroom?
Social media posts are admissible in the courtroom. According to Florida Statute §90.402, all relevant evidence is admissible in court. If you posted something on social media that could be damaging to your claim, your defendant’s lawyer is allowed to use your social media posts to reject or undervalue your personal injury claim. For this reason, you should always be cautious if you continue to post on social media.
The best way to make sure you do not post or say the wrong thing is to avoid using social media until your claim has been resolved. Doing so decreases the risk of revealing important facts about your claim to the whole world, including your defendant’s attorneys.
Can I Delete Posts from My Social Media Profile During a Personal Injury Lawsuit?
If you notice a post on your social media page that could potentially hurt your claim, you may be tempted to delete it. However, according to the National Law Review, deleting existing social media posts can be considered spoliation. Spoliation refers to the act of removing vital evidence that is relevant to your claim. Plaintiffs who commit spoliation could be charged for deleting or destroying evidence pertinent to their personal injury case.
Never delete anything from your social media account during a lawsuit. Instead, avoid posting incriminating pictures and videos to ensure you still have a chance to win your personal injury claim after an accident in Florida.
Can I Set My Social Media Profile to “Friends Only”?
Many believe if they change their social media account settings to “friends only,” the court will be unable to use their posts as evidence. However, this is false. Courts can order access to your social media accounts, meaning your new setting would not block them from seeing your posts and videos.
The court will likely not see comments you made on other pages. However, they will be able to see comments you and others have made on your posts and videos.
Florida Personal Injury Lawyers Can Help You
Navigating life during a personal injury lawsuit can be tricky. You may be unaware of what could hurt or help your personal injury claim. If you’re unsure of the dos and don’t before and during a personal injury lawsuit, hire a Florida personal injury lawyer from Fasig | Brooks Law Offices.
Our top-rated attorneys have served clients all over Florida for over 30 years. Seeking justice is our number one goal, and we want to help you get the payout you deserve. We have the skill and experience you need to win your claim after a tragic accident.
Using social media during a personal injury lawsuit can significantly harm your chances for a settlement. To learn more, contact us to see if you could be eligible for compensation.