One of the best pieces of advice any personal injury lawyer can depart to their client is to avoid social media platforms like a plague. While this may sound somewhat abrupt, this is advice that would be well taken. Why? Because the use of these platforms can transform perception into reality and be the primary reason that your personal injury case does not go in your favor. The following is a primary example of how too much social media activity can damage your case.
You’ve filed your personal injury claim because you slipped and fell in a shopping mall, injuring yourself quite seriously. You’re in the middle of your court case and your lawyer is arguing that your injuries are preventing you from functioning normally on the job. These mobility issues are directly attributed to your accident and your physician has diagnosed that you fractured your arm, hit your head and incurred a concussion, and twisted your ankle.
While this is going on, your sister got married and during the reception, one of your friends tagged you in a photo they took and posted it on their Facebook page. The image depicted you attempting to dance while wearing your cast. In reality, the photo was a joke and you were physically incapable of dancing. Unfortunately, the insurance company and their lawyers didn’t see it that way.
For them, the perception was that you weren’t that injured and now, negotiating the settlement you are deserving of is going to be extremely difficult because of this. It’s more than obvious that you sustained serious injuries that rendered you incapable of working. And no doubt, you experienced considerable pain and suffering in the process. So how does this justify not using any social media platforms?
Putting it simply, social media is today’s surveillance vehicle, especially in personal injury cases. What most personal injury claimants do not realize is that many insurance companies and their lawyers now use social media as a form of surveillance to build a case against you and your claim. Here is sound advice about minimizing perception issues you are involved in a personal injury claim and lawsuit.
If you cannot or are unwilling to stop using social media, then be honest 100% of the time. If, at any time, your physical condition or health changes let your lawyer and your physician know immediately. Check what other people see on your social media profile page and adjust your settings so that only your friends can see your posts. The key is to avoiding displaying anything that may be inconsistent with your claim. Finally, while social media does have many positive attributes, it doesn’t belong in a personal injury case where it can be used against the claimant.
Thus, it is better to take precautionary action and ensure that nothing gives you away. Discuss the details with the personal injury lawyer that you have hired so that they can advise you best.