Social media platforms such as Facebook, Twitter, Instagram, YouTube, and Tumblr have become mainstays in the daily and even hourly lives of most Americans. In fact, 68% of adults use social media sites multiple times a day. Most people have heard stories where someone’s post on a social media platform has cost them a friendship, a relationship, or even a job. Well, what you post can just as easily affect your personal injury lawsuit if you are not careful.
If used, these social platforms can play a vital role in whether your case is won or lost. There are many negative ways in which your case can be influenced by the use of social media. As with any lawsuit, it is imperative that you seek the help of an experienced personal injury attorney to help you navigate these precarious legal waters.
Evidentiary Use of Photographs For Physical Injury
The same as any other evidence that might be collected against you, such as police reports and witness statements, social media posts can also be used as evidence in a lawsuit. Pictures posted to social media are public information. If you are involved in a personal injury lawsuit and you are attempting to collect damages for whiplash and lost wages due to your injuries, those claims must be believable.
The entity you are suing will be looking for a way to disprove your claims. Current images of you on your Facebook page gardening, without a neck brace or back brace, could detriment your ability to obtain proper compensation. If you are spending a day at an amusement park riding roller coasters, engaging in physically demanding activities, taking pictures, and posting them to social media, if discovered, those will most certainly be damaging to your case.
Evidentiary Use of Photographs For Emotional Damages
Emotional distress is absolutely an ailment that is not always visible. People find it easier to believe you are suffering from emotional distress when a person’s outward persona reflects their inward. Of course, not all emotional damages are readily visible. It is possible to experience nightmares and anxiety after a car accident, which no one else is able to see, but it contributes to your emotional well-being.
Even if you are suffering from emotional distress, it is possible to still be able to put a smile on your face and get dressed to attend your son’s birthday party or a dear friend’s retirement dinner. Posting pictures like this on any social media platform, however, is not in the best interest of your case. These types of pictures will be skewed to imply that your emotional distress is not real.
Whether it is fair or not, most people will have difficulty believing that a smiling, well put together, socially active person is also suffering from any mental ailment, especially depression or anxiety.
Evidentiary Use of Written Posts For Proof of Well-Being
In the same vein as posting photographs of you having fabulous nights out on the town, you should be mindful of the information that your written posts contain. If you are posting to your followers on social media that you are “feeling good today” or responding to someone asking how you are with a perfectly innocuous, “I’m fine” then you could be headed for trouble. These statements and statements like them could potentially be used against you as evidence that you are not suffering from any mental/physical pain due to being badly injured after a car accident.
When involved in a personal injury lawsuit after a car accident in Nevada, it is advisable to lie low. Refraining from posting on social media at all is the best course of action. This eliminates any chance of your own pictures or words being used against you by insurance companies or opposing counsel. These actions, along with hiring a personal injury attorney, is your best course of action to be awarded the compensation you deserve.
The Cottle Firm is here to help you get everything you are entitled to under the law. We will work tirelessly collecting evidence, making phone calls, and dealing with opposing counsel on your behalf, in order to help you get what is rightfully yours. If you or someone you love has been injured in a car accident, give us a call at 702-722-6111 for a free consultation with one of our licensed attorneys today.