3 Myths About Social Media & Personal Injury Lawsuits


If you are currently engaged in a personal injury lawsuit, how you use social media matters. Here are three myths many individuals often believe about how their social media accounts can be used in a personal injury lawsuit, and the facts you need to know to fight your case successfully.

Myth #1: If My Social Media Accounts Are Private, Opposing Counsel Can't Access Them.

Many people believe that if they change their settings on their social media accounts to make their activity private, accessible only to their approved online friends, then the opposing counsel in their personal injury lawsuit case will not be able to access or see anything that they post.

Although changing your privacy settings on social media may help you limit who sees your account, opposing counsel can use the court system to gain access to your account. As long as opposing counsel can present a reasonable explanation for having access to your account, the judge will generally grant them a subpoena to your account. The subpoena is then served to the company that runs the social media sites you use, and that company is required by law to provide them with information about your account.

Myth #2: If I Don't Post Often, Opposing Counsel Will Have Nothing To Use Against Me.

Just because you have slowed down how frequently you post on social media does not mean that opposing counsel will not find information that could hurt your personal injury case. Opposing counsel can go back in time on your social media accounts and use the information you posted to create an unfavorable portrait of you to the courts. Even if you change how you use social media, they can use past post activity to prove their point.

Myth #3: It Doesn't Matter How Much Time I Spend On Social Media.

Depending on your case, just spending excessive time on social media could hurt your case. If you are arguing in your lawsuit that you were unable to work because of your injuries, and you work at a non-physically demanding job, opposing counsel can use the amount of time you spend on social media against you. They can argue that if you were able to spend that much time online, you should have also been able to do your job. If they make a compelling case, you could lose out on any lost wages or lost earning potential you hoped to be compensated for through your case.

The big take-away here is that opposing counsel can request access to your social media accounts. They can look at what you have posted in the past, and what you posted during the time you were injured. They can use the information that you freely shared online to cast doubts on your character and your case. If you are pursing a personal injury lawsuit, your best course of action is to minimize your social media activity so that it will not be twisted and turned against you. For more information, visit a specialist's website, such as http://caminezlaw.net.

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