Florida courts have admitted social media posts as evidence in personal injury cases when relevant to the case.
Translation: Everything you innocently share on TikTok, Instagram, Facebook, Whats App etc. is fair game in a personal injury or malpractice case.
Social Media & Your Personal Injury Claim: Navigate with Caution
Immediately after an accident, it is understandable that you want to let your family and friends know what happened. Posting “I’m fine,” “It doesn’t really hurt,” and “I’m going to the ER, but it’s not that bad” might be reassuring, but it could be a gift to the person who just hit you- if he/she has a sharp attorney. After 40 years, thousands of personal injury cases and millions recovered, here are some of the dangers of posting after an accident.
The Digital Paper Trail: Evidence in the 21st Century
You might be surprised to learn that an uptick in friend requests after an accident is often more than a coincidence. Insurance companies and opposing counsel frequently use social media to investigate your online presence.
Imagine claiming a debilitating injury while posting photos of you riding your bike or pitching at your kid’s Little League T-ball game. Such inconsistencies can significantly undermine your case’s credibility. Attorneys regularly scour social media for evidence that could cast doubt on your claims.
The Dangers of Sharing Too Much
Sharing updates with friends and family is a natural impulse, but it can be detrimental during an ongoing personal injury case. For instance, posting about working from home while claiming lost wages could unintentionally damage your case. It can be as innocent as posting about dancing in the bleachers at a Taylor Swift concert.
Remember, your entire online profile is being watched. Sometimes, silence really is golden. Before accepting a friend request from a stranger or posting a seemingly innocuous update, consider the potential ramifications.
Protecting Your Personal Injury Claim: Privacy is Paramount
Your social media profiles become a crucial component of your personal injury case. While setting your profiles to private is prudent, it’s not foolproof.
Exercise caution when accepting friend requests. A simple click could grant the opposing side access to sensitive information.
Each platform offers unique privacy controls. Familiarize yourself with these settings to safeguard your information and protect your claim.
Your Words Can Be Used Against You
Social media posts can be admitted as evidence in court. A casual status update or photo could be considered a legal statement.
Posting about your injuries or any details related to the incident could jeopardize your case. Even “private” posts aren’t always immune from scrutiny. However, not all posts are admissible. They must be relevant, and their authenticity must be verified.
Proceed with Discretion
At Hoffman, Larin & Agnetti, we understand the intricacies of personal injury law and the impact of social media. Our seasoned attorneys are dedicated to guiding you through the legal process and ensuring your rights are upheld.
Discretion is key. Before posting, ask yourself: Could this potentially harm my case? If there’s any doubt, it’s best to err on caution.
Contact Hoffman, Larin & Agnetti today. We’ll help you navigate the complexities of your case and ensure your social media activity doesn’t jeopardize your rightful compensation.
