Social media is a fundamental part of modern life, enabling us to stay connected, share updates, and document our activities. However, if you’re involved in a personal injury case, your social media activity can be used against you by insurance companies and opposing lawyers. Here’s how to protect yourself:
Avoid Social Media if Possible
Personal injury lawyers often recommend that clients avoid social media entirely after an accident. Anything you post can be misinterpreted and used to weaken your claim. For example, vacation photos might be used to argue that your injuries are not as severe as you claim. Even seemingly innocent posts about your daily activities can inadvertently harm your case. Discuss with your lawyer the best ways to communicate with friends and family without jeopardizing your case.
Set Your Accounts to Private
If you must use social media, ensure your accounts are private to safeguard your information. This allows you to control who sees your posts and reduces the risk of opposing counsel accessing your information. Here’s how to adjust your privacy settings:
Facebook: Click the padlock icon in the top right corner and navigate to privacy settings. From there, you can control who sees your posts, photos, and personal information.
Twitter/X: Go to Settings and Privacy and select “Protect your Tweets.” This ensures only your approved followers can see your tweets.
Instagram: Go to Settings, then Privacy, and switch to a Private Account. This way, only people you approve can see your posts.
Sharing Information About Your Case Can Be Fatal to Your Case
One of the most critical pieces of advice is to avoid discussing your case on social media. This includes details about the accident, your injuries, and any ongoing legal proceedings. Insurance companies and opposing lawyers look for inconsistencies to exploit. If your social media posts contradict your statements or the severity of your injuries, it can severely damage your credibility. Even unrelated posts can be problematic if they show you engaging in activities you claimed were too painful or difficult due to your injuries. Anything you post can be used in court to discredit you.
More Tips
To best protect your personal injury case, it is advisable to avoid social media altogether. However, if you do use it, set your accounts to private and be extremely cautious about what you post. Remember, even with privacy settings, there are no guarantees that your posts will remain private. Judges can sometimes order you to provide access to your private social media accounts to the opposing side. Always consult your lawyer before posting anything that could potentially impact your case.
If you or a loved one has suffered a serious injury due to the negligence of another party, and you have questions about pursuing legal action, we recommend contacting personal injury lawyer Mohammad Asadullah at 905-268-0046 or mohammad@asadlaw.ca