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Social Media Can Destroy Your Case
So many of us enjoy the use of our social media accounts, but we often fail to realize the negative consequences they can have on a personal injury case. More often than not, a defendant will use the information available on social media to prove that a plaintiff’s allegations are false or exaggerated. For example, if a plaintiff is alleging that his or her injury has resulted in severe back pain, but is then captured on video dancing at a Sweet Sixteen event, it will definitely undermine the weight of the plaintiff’s claim. In addition, as we are well aware, social media posts have a tendency to be misconstrued. However, when it comes to a personal injury case, there is no room for ambiguity, which is why it is important to stay off of social media when you have a pending lawsuit.
Here are some issues and suggestions to be mindful of the next time you log into your social media account:
Stop Posting
Do not be tempted to post, even if you believe your post would be harmless. In addition, do not discuss your ongoing case with anyone or send anyone photographs of your injuries. Those alleging emotional distress should definitely not be expressing emotional thoughts, because their posts could be misconstrued and damage their case.
Check and Change Your Privacy Settings
If you are tempted to post, check both your general privacy settings and make sure, before you post anything, that it doesn't go to the wrong audience. Anything posted publicly is fair game and can open a Pandora’s box of trouble for your private posts. It could all become fair game if the defense even sees one public post that compromises your case or credibility. When in doubt, do NOT post it.
No Physical Activities
In one case, the plaintiff alleged that she could no longer engage in physical activities. The judge in this matter dismissed her claim after she was captured in a picture dancing at a party, because it undermined her claim of loss of enjoyment of life. The plaintiff in that case may have legitimately sustained a severe loss of enjoyment of life, but that one video was enough for the judge to throw out her case.
Even Your Friends Can Ruin Your Case
In another case, a defendant’s attorney successfully demonstrated inconsistencies in the plaintiff’s case. The attorney used Happy Birthday posts from the plaintiff’s Facebook page to undermine his gender discrimination claim, which alleged that he experienced isolation from friends after being wrongfully terminated. While the plaintiff may have experienced extreme isolation, his social media posts were manipulated to undermine that claim.
It is important to make all of your social media accounts private and consult an attorney before doing anything on social media, including deactivating or deleting your accounts altogether. If you or a loved one has been injured in an accident, contact an experienced personal injury attorney who can fight for the compensation you deserve. Contact Grover & Fensterstock P.C. at 212-527-7575 or 1-866-99-LAWYER for a consultation today.
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