How Social Media Can Affect a Personal Injury Case in NV?
If you use social media, you should know it has the potential to sabotage your personal injury case. Social media provides judges, juries, opposing counsel and insurance providers with a look at your life. This means if you post pictures of yourself engaging in physical activities after suffering a supposed personal injury or even post that you feel “fine”, it can backfire in a big way.
Your Social Media Accounts are not Completely Private
Even if you set your social media settings to private, those in your social and professional networks who have befriended you on social media platforms can see your actions and posts. In other words, your posts are not completely private. Furthermore, you might not remember to set all of your settings to private, meaning insurance companies, opposing counsel and courts can see what you post to social media and when it was posted.
If you post anything that is related to your case or your injury status, it is possible for the social media platform to be subpoenaed into handing over such posts that you believed to be private. These social media posts can be used as a valuable piece of evidence against you to discredit your claim of supposed injury. In other words, it is in your interest to stop posting on social media after you are injured. Even if you have not yet formally filed a lawsuit, you should refrain from using social media until the legal matter is behind you.
A Single Picture can Ruin Your Case
If you were to post a picture of yourself or your body site that is allegedly injured to a social media platform, there is a chance it will be seen by a party relevant to your case and used against you in a court of law. Though posting to social media is tempting following your injury due to loneliness and isolation, it is best that you keep all discussion, pictures and other references to your health and activities to discussions with your personal injury attorney.
It doesn’t take much work for an insurance party to obtain pictures of a supposedly injured body site from social media platforms such as Twitter, Facebook, Instagram, etc. The insurance company and opposing counsel will use these images against you to prove you are not as badly injured as claimed. Furthermore, posting such pictures on social media might be a violation of the Nondisclosure Agreement or affect the chances of such an agreement with the insurer that might have otherwise offered a significant sum of money.
Do not Update Your Status on Social Media After the Accident
Though you will be tempted to update your status on social media after your slip and fall, car accident or other injury, doing so is a mistake. Do not update your status or post anything to social media after your injury. Such information falls under the umbrella of Protected Health Information and has specific legal protection. Once such information is posted to social media, the legal privilege disappears. Text status updates can be obtained by insurers to bolster their legal case against your injury claim in a court of law.
Ignore all New Friend Requests After the Accident
The insurer or opposing counsel might attempt to befriend you with a discrete social media account in order to gather information about you and your supposed injury. Do not accept any such requests until your case is over. In fact, it is in your interest to remain off of social media altogether until you case reaches a conclusion. Contact us for more details on how social media can affect a personal injury case.