South Florida Injury Lawyer Blog
If you have been in an accident or have been injured by someone else’s negligence, it is imperative that you not share anything about the incident or your case on social media. Ask friends and family to also refrain from commenting on your case, or anything about you, because it could be used against you in court or during negotiations.
If you are the plaintiff in a personal injury case (that is, the one who has been injured) the defendant will do whatever he can to prove he is not guilty or to shed doubt on the truthfulness of your claims or the degree of your injuries. On social media, we usually post the best pictures of ourselves – smiling, having fun, and doing interesting things. If you post anything like this, the defendant will argue that you are not as injured as you claim.
For instance, say you post a picture of yourself out to dinner with friends, smiling. You may, in fact, be in terrible pain and are getting out of the house for the first time in a month. However, the defendant could argue that this is evidence that you are not being truthful about the degree of your injuries.
You must not post any pictures of the accident or make any statements about the accident, and insist that your friends and family also refrain from commenting. Anything you or they say on social media will be carefully scrutinized to find anything that contradicts your sworn testimony or other evidence presented in the case.
Social media best practices after an accident
As a personal injury lawyer in Florida, I walk all my clients through the dos and don’ts of social media use. If you are a Florida resident or were injured in Florida, contact me to see how I can help you. Here are some of the things I recommend to my clients:
- Do NOT post anything about the accident: photos, videos, comments. (If you have already done so, let me know so we can take them into consideration when crafting our case.)
- Do not post ANYTHING about the lawsuit or insurance claim.
- Ask friends and family to refrain from commenting about your case, your condition, or anything that you are doing, and not to post pictures of you or tag you in their posts.
- Check your privacy settings for “friends only” and do not accept friend requests from people you do not know.
- The defense will be able to subpoena your records if they so choose, so privacy settings are not a thorough protection. Continue to restrict your use of social media, including all private messages, chat conversations, gaming, etc.
- I recommend you simply stay off social media during the case. If you must be on it, limit yourself to “likes” and sharing articles – nothing at all personal.
- It may be wise to deactivate your accounts during the claim or delete them entirely. If you want, as a way of explanation, state simply that you were in an accident and you won’t be posting online for a while. Then close your accounts. This could even strengthen your case.
How social media can be used to your advantage
As your attorney, I have methods of using social media to your advantage. It is possible that the defendant’s social media accounts could be used against them in court. And if your injuries have restricted your physical activity or your ability to continue in your career, content from posts prior to your injury could demonstrate your previous skills and activities, which have now been curtailed, due to the negligence of the defendant.
In brief, if you’ve been injured by someone else’s negligence, stay off social media and ask your friends and family to respect your privacy and not mention anything about you. Telling them that it could hurt your case could help them realize the seriousness of your request.
Contact me from anywhere in Florida to discuss your case. As a Florida personal injury lawyer, I am committed to helping Florida residents throughout the state receive just and fair compensation to help them cope with the injuries they have sustained through someone else’s negligence. I leave no stone unturned to help my clients receive the compensation they deserve. Contact me today, 24/7, at (954) 448-7288, to schedule a free consultation to discuss your case.