8 Reasons Why You Should Avoid Social Media During a Personal Injury Case

November 09 2023

When you’re in the midst of a personal injury case, the stakes are high. At the Law Offices of Brent W. Caldwell, we understand the nuances of such legal battles and the importance of strategy – which includes advising our clients on social media use. Here’s why staying off social media is so important.

Evidentiary Hazards: When you’re involved in a personal injury case, posting on social media might seem harmless, but those posts can end up in court. It’s not just about what you say; it’s also about what those posts show. Pictures of you smiling at a party or check-ins at a hiking trail could suggest that your injury isn’t affecting your life as much as you’ve stated. These posts become evidence that lawyers can use to question the severity of your injuries, which could seriously impact your case. That’s why it’s so important to think before you post. If you’re not sure, it’s safer to keep it off social media.
False Security of Privacy Settings: Many people believe that setting their social media accounts to private keeps their information safe. However, during a personal injury case, even private posts can be uncovered. Legal teams are adept at accessing content behind privacy filters, and once they find something they can use, they will. It could be as simple as a photo or a comment that, when presented out of context, might challenge the claims you’re making about your injury. That’s why the privacy you expect on social media is often not enough to protect you in legal matters.
Emotional Misrepresentation: Social media often captures only our best moments, giving a skewed portrayal of our daily lives. During a personal injury case, posts showing you in a positive light might not reflect the emotional turmoil and pain you’re actually experiencing. These posts can be misinterpreted to suggest that you’re not suffering emotionally from the injury, which can weaken your claim for emotional damages.
Consistency is Key: In a personal injury case, maintaining consistency in your story is vital. Social media posts that don’t align with your legal statements can raise questions about your honesty. For example, discussing your mobility on a legal document and then posting a video of a vigorous activity can suggest contradictions. Such inconsistencies give the impression that you may not be trustworthy, providing the defense with an opportunity to challenge your credibility. It’s essential to ensure that your narrative remains the same across all platforms to avoid giving the other side any advantage.
Risks to Settlements: Discussing your personal injury case on social media can pose risks to potential settlements. For example, if you mention the details of a pending settlement or express happiness about its outcome, it may violate confidentiality agreements. Such breaches can lead to the settlement being reduced or even dismissed, as they can be seen as premature disclosures of case outcomes. These actions can inadvertently provide the opposing side with leverage to renegotiate or challenge the terms of the settlement. It’s wise to keep settlement details off of public platforms to safeguard the agreement reached.
Jury Perception: The perceptions of a jury in a personal injury case can be significantly influenced by what they see on social media. Despite not being permitted to do so, jurors might look up involved parties on social media platforms. If they come across posts that depict you engaging in activities even if you are not, can lead them to believe that you’re not as affected by your injury as you claim. This can result in a jury that is less sympathetic to your situation, which might affect their decision on the compensation you deserve. It’s key to manage the impression you give off in public spaces, including online because it can have a real impact on the outcome of your case.
Defense’s Upper Hand: When you’re involved in a personal injury lawsuit, the defense team will look for any available advantage to strengthen their case. Social media provides a treasure trove of information that they can use against you. They meticulously analyze your online activity for posts, pictures, or even location check-ins that could suggest your injuries are less severe than stated. These findings can be twisted to fit a narrative that minimizes your claim, thus giving the defense an upper hand in court or during settlement negotiations. They aim to reduce the payout and will use your social media activity as a tool to achieve this.
Compromising Witness Testimony: Friends or family members might comment or post about your situation, offering details or opinions that could be used to challenge the consistency and reliability of your or their testimonies. Even if you’re careful, others’ posts related to you can become part of the case, potentially complicating the evidence and affecting the outcome.

At the Law Offices of Brent W. Caldwell, we prioritize your case’s success. We advise our clients to consider the potential risks of social media and to prioritize their legal strategy over online interactions. We’re here to guide you through each step, ensuring that your digital footprint doesn’t leave a mark on your legal journey. Contact us today, we are here to stand by your side and fight for what you deserve.