Don't Post an Accident on Social Media. The same feature that makes it possible to share a variety of information with friends and loved ones via soci
Don’t Post an Accident on Social Media. The same feature that makes it possible to share a variety of information with friends and loved ones via social media also makes it possible for that feature to lead to some serious legal problems. A great number of individuals use status updates to communicate not only the specifics of their day but also their feelings, including anger and frustration.
Important announcements, such as the birth of a child or the relocation of a business across the country, can now be made in a matter of seconds, allowing the important people in your life to participate in your joy regardless of where they are located. It is easy to see why there is a strong temptation to post information about negative events on your social media profiles. Unfortunately, recalling the specifics of a traumatic experience, such as a car accident, can put one in a difficult situation if they are shared with others.
Social Media Discretion & Privacy
The most significant disadvantage of including information about your accident in your status update is the possibility that you will unwittingly incriminate yourself in a personal injury claim in the future. When you file a lawsuit to seek compensation for the damages caused by your car accident, the evidence your social media posts provide can be used against you as evidence.
Even if it was unintentional, a factual error that you made in a post immediately after a traumatic car accident when you are not thinking clearly could be used by the other side to challenge your testimony. In order to ensure that your legal interests are protected, you should consult with a personal injury lawyer in Phoenix about the topics that you should steer clear of discussing on social media. You must keep in mind that even though you may be writing a message to your friends in an online forum, those friends are not the only ones who can read what you have to say.
After the Lawsuit Has Been Filed
The process of discovery begins once a personal injury lawsuit has been filed against an individual. The term “discovery” refers to the process by which your legal counsel and the legal counsel for the other side will start investigating any pertinent documentation, including social media posts. You, the claimant, will be given a list of formal questions in writing that you will need to answer.
Keep in mind that these responses will be admitted as evidence in court, so they must be accurate and consistent. Additionally, you will be required to provide a list of all of the social media platforms that you use so that the attorneys representing the opposing side can investigate your accounts on Twitter, Facebook, and any other social media sites you use.
In the discovery phase of a personal injury lawsuit, the goal is to locate any information that might be detrimental to the plaintiff’s insurance claim. If you do not exercise caution with regard to what you post on social media, you could run into problems with your personal injury case due to factual inconsistencies, pictures, and comments that you posted. In addition, insurance companies employ insurance defense attorneys who are always looking for new reasons to reject their clients’ claims.
When you file a lawsuit, the best course of action is to assume that all of your online correspondence is accessible to the public and to refrain from saying anything that you would not say if speaking directly to the attorney for the opposing party. Images, videos, and commentary that are uploaded to the internet are regarded as public and are not shielded by the attorney-client privilege.
When NOT to Post an Accident on Social Media or Disclose Important Information
Whether or not you are required to disclose certain information to the opposing party during a lawsuit is the subject of some debate; however, adopting a cautious stance will reduce the likelihood that your use of social media will lead to problems for you. Even happy status updates about your life that don’t seem to have anything to do with the accident could be used against you in court.
While a personal injury trial is ongoing, the following are some examples of statements that you should avoid posting on social media.
- “I’m getting better much more quickly than I anticipated!”
- “Thank God the car accident wasn’t nearly as bad as it could have been. I was in danger of suffering serious injuries.
- “I anticipate a significant financial reward as a result of this legal action.”
- “I am overjoyed to be back at work and to be free of the pain!”
- “Can’t wait until this weekend to hang out with friends and go hiking.”
Even statements that seem to have no bearing on the topic, such as how good you are feeling on a particular day, can result in further investigation into your injury claims. The legal team representing the other party will likely call into question the severity of your injuries by bringing up any mention of your improved health or even your subjective feelings of wellness.
Even if you are only updating close friends and family members, it is best to refrain from making any statements on social media platforms that are related to the accident. Also, steer clear of any conversations about your health that could give the impression that you are not experiencing the pain that you have claimed to be experiencing as a result of your injuries.
When you are posting on social media in the aftermath of an accident, it is essential to keep in mind that you should not discuss the specifics of your pending legal action. Any discussion of your lawsuit, no matter how innocuous it may seem, could be construed by the opposing party as evidence of a belligerent attitude, which could damage your reputation in court.
Despite the fact that you have every right to feel angry after an accident caused by another driver’s carelessness has left you injured and unable to return to your normal functioning, you should fight the temptation to air your frustrations on social media. It is in your best interest to limit any discussion of your accident to purely factual details. This will enable your car accident attorney in Phoenix to pursue any claims they believe are warranted against the other driver.
Moving Forward & Having Patience During Your Case
Although self-censorship on social media can be challenging at times, it becomes much simpler over time to recognize the different kinds of comments that should be avoided. It is helpful to take a long-term perspective on these issues because trials involving personal injury can last for months and sometimes even years to conclude. Suppose you steer clear of these potentially explosive topics for conversation. In that case, your lawyer will have fewer challenges to overcome from the other side and more time to concentrate on constructing an effective defense.