Most people never expect to be filing a personal injury lawsuit. If you find yourself in this situation, it is natural to have a lot of questions. One big question people have in this situation is whether or not they should stay off social media during their case. Is it possible for a social media post to be used as evidence against someone in a personal injury lawsuit? This guide will answer these questions and give you advice about navigating social media while your case is ongoing.
Can Social Media Posts Be Used as Evidence?
It is completely possible for a social media post to be used as evidence in a court case. Not only is this a possibility, but it has happened in the past with previous personal injury lawsuits.
You can find examples of previous cases where the plaintiff who is suing for emotional damages and then makes a post on social media showing them being happy and fulfilled. This post is then used as evidence that the emotional damages are not as bad as the plaintiff claims there are, which results in the plaintiff losing the case or failing to be compensated for those damages. Alternatively, a social media post could show someone using a body part that is supposedly injured, such as running on an injured leg or lifting heavy objects with an injured arm.
Do You Need To Avoid Social Media?
So now that you know that a social media post can be used as evidence against you, does that mean you should avoid social media altogether? The answer will depend heavily on the specifics of your case. Social media posts may be more or less sensitive depending on what you are claiming and the nature of your injuries. For example, if you are not claiming any non-physical damages, it may be fine for you to use social media as normal, or to only avoid certain kinds of posts.
There are two things you should always keep in mind when considering this matter:
- Always follow your attorney’s advice. Your lawyer will be able to tell you how important it is to avoid social media given the specifics of your case.
- Never discuss the personal injury case, regardless of your situation. No matter what your case is like, you should absolutely never mention it in any way on social media.
If you follow those two pieces of advice, you will have nothing to worry about while your case is ongoing.
Call a personal injury lawyer, like a personal injury lawyer in Minneapolis, MN, today for more information about your case.
Thank you to the experts at Johnston | Martineau PLLP for their input into personal injury law.