Social media, a media that was meant to make us social animals, has done more than that today. In this digital era, it has become an inseparable part of our lives no matter what age strata we belong to. However, this plays an integral role also in cases of personal injury as these provide unprecedented accessibility to information regarding personal lives, easing the process of gathering evidence.

This blog intends to explore both the facets of the coin, of how it can be beneficial and detrimental in sabotaging the image of defendants and plaintiffs involved along with the pointers of what to avoid doing on these platforms.

If You are a Defendant?

If you lie on the defendant’s side, social media has the power to collect evidence to present your image in a way that can be beneficial to the opposite party. 

Let us delve into how is this possible:

  • If you own a business and post anything, the negative comments or reviews on the same can do a lot more harm to you than someone who doesn’t. Meanwhile, social media can also facilitate plaintiffs in initiating negative campaigns against the other party.
  • Social media can be used to collect evidence against your claim. A parable could be you posting a photo at the gym in case you are deemed to be unavailable because of physical injuries might be contradictory to the statements claimed.
  • Social media might also pose a hindrance in the case of monetary compensation. For instance, you posted a video of ‘unboxing my new iPhone’ while at the same time, you are claiming in court that you are incapable of making payments to the chiropractor. This can mutilate the credibility of the defendant in the court and affect the judgment.
  • Social media can also be used in favor of the defendant by keeping a check on the plaintiff’s social media account to use it to counter the injury that they are claiming.

If You are a Plaintiff?

If you lie on the plaintiff’s side, social apps still have the power to facilitate the opposite party. Let us delve into how is this possible:

  • Social media can be used to distort the image of the defendant by picking out posts that might help to claim the plaintiff’s severity. For instance, posts that contradict their claims of injury surrounding the incidence can be used by the defense.
  • Social media can also be used to claim the location of an accident using the post’s location or detecting the location of people tagged along with you. Also, if a plaintiff mentions that they could not attend a certain place due to their injuries but any post validates it, this might pose harm in the recovery of the claim.
  • Social media can also be used to portray an unreliable image of the plaintiff by taking into consideration certain comments or emotional stories they post.

Therefore, no matter if you are a defendant or a plaintiff, the opposite party always has a chance to use it for their good. So, one should be conscious enough of what, when and where they post. Let us see what are things that one needs to care for when dealing with a personal injury case.

What Not To Do on Social Media When Dealing with a Personal Injury Case?

Social media can be used very smartly against you by the opposite party, even the most innocent posts are not debarred by the lawyers. They can be misinterpreted or used by the defense in ways that you won’t have even thought of. So these are the things one needs to keep in mind.

  1. Avoid Any Discussion Around the Case – One should avoid discussing any details about the accident, the injuries incurred, the claims made, compensation asked or settlement achieved over social media platforms.
  1. Avoid Posting Photos or Videos – One should avoid posting anything on social apps at least during the case or unless the final settlement is made. No matter how harmless you consider a post, it poses a threat of being used by the defense lawyer.
  1. Avoid Accepting Any Unknown New Friend Requests – One needs to keep an eye on fake accounts of lawyers or defense investigators as they might be trying to get access to your personal information.
  1. Avoid Deleting Any Posts/profile – One needs to consult their lawyer before erasing any previous posts, comments, or stories as these might be used by the defense that you are trying to hide something.
  1. Avoid Any Emotional Statuses – One should avoid posting any angry status or story that might be used as a tool to portray a distorted image of being stable. 
  1. Avoid Posting About Travel Plans – One should avoid making your travel plans public as this can be used against you by the defense claiming that your injury is not as severe as you mentioned it to be.

In a nutshell, social media is a means to connect with people and share your thoughts and emotions but when you are under an ongoing personal injury case, the points mentioned above are to be considered so that anything that can potentially harm your case can be avoided.
We at The Allied Outsourcing can facilitate in catering a team of strong, experienced and professional legal experts who can help in providing top notch Personal Injury Litigation support to legal firms and lawyers. The Allied Outsourcing team possess experience of supporting law firms around the globe by focussing on skills and knowledge around laws.

Reach out to us today on: https://thealliedoutsourcing.com/contact/ and find out how we can help your legal firm.

Leave a Comment