Social media is a part of most people’s daily lives. We share our experiences on social media, obtain news, conduct business, and stay connected with family and friends online. Therefore, it is common for people to share on social media when they are injured in an accident or other incident. However, posting on social media could hurt your personal injury case. Our Grand Forks & Minot personal injury attorneys discuss why you should avoid posting online during a personal injury lawsuit.
Things You Need to Know About Posting on Social Media During a Personal Injury Lawsuit
There is a saying that anything you post online is there forever. Unfortunately, it is generally true.
Even though you use the highest security settings for your social media accounts, your posts are not private. Your accounts may be hacked and copied. The people you share content with could repost your content or have their accounts hacked. You have no protection or privacy if your social media posts are public.
Ways that using social media during a personal injury case could hurt your claim include, but are not limited to:
Attacks on Your Character
Your social media content could be used to attack your credibility in court. You need jurors to believe your testimony is accurate and honest. They must believe your version of events is what happened. Otherwise, the jurors may believe the defendant and rule against you.
Blaming You for Your Injuries
The other side may use your posts to allege you are reckless or careless. Therefore, you may have caused your injuries or contributed to the cause of your injuries. Under North Dakota’s modified comparative fault laws, your compensation can be reduced if you are partially to blame for your injuries. You are barred from receiving damages if you are over 50% at fault.
Exaggerating the Extent of Injuries
Social media posts may be used to demonstrate that you are not as severely injured as you claim. For example, you allege that your injuries prevent you from working, performing household tasks, and caring for your children. However, your social media posts include pictures of you at a party for your niece.
The posts do not show the true story. You were in horrible pain and left the party very early. The only narrative the defendant’s attorney presents is that you can attend parties, but you claim to be severely injured. The most innocent posts can be twisted and misrepresented.
The Defense May Obtain Your Social Media Content
You may believe your social media accounts are safe. However, defense attorneys have successfully argued that the content is subject to a subpoena. If the defense convinces a judge that your social media accounts are evidence, you may be required to allow the defense access to the accounts to examine the content.
It is in your best interest to avoid posting on social media during a personal injury lawsuit. You should never post information about your accident or injuries. However, posts you believe are irrelevant could hurt your case. The best way to avoid this problem is to stop using social media while your case is pending.
Schedule a Free Consultation With Our Minot & Grand Forks Personal Injury Attorneys
Your actions after an accident or personal injury can significantly impact your case. Our Minot and Grand Forks personal injury attorneys provide legal advice, support, and guidance as you navigate the personal injury process. Call Pringle & Herigstad, P.C., today to schedule a free case evaluation with an attorney.
