After you hire a personal injury attorney following any sort of accident, the attorney will do more than the requisite legal work for you. They’ll also be a sort of guardian on how you’ll manage your life, as you sue a negligent person (or company) for injuries you likely incurred. But while you may have serious injuries, these injuries probably won’t stop you from wanting to post on social media. With social media being a part of life today, posting is a part of life for nearly everybody.
Unfortunately, posting on social media has the potential of bringing serious legal issues. Here at Wilson Kehoe Winingham, it’s something we discourage, and this is usually uniform opinion with all personal injury law firms. The reasons why are more concerning than you may think, if you’ve never had problems posting on social media before.
Twisting Personal Statements on Social Media
Your biggest risk posting on social media is having things you say twisted by an opposing legal team after you file a lawsuit. The negligent person you’re suing is going to hire their own legal team, who may try to dig up dirt on you. If they find out where you are on places like Twitter or Facebook, they may capture and print statements you inadvertently make about your accident online.
When stressed after your accident, you might post something you regret, particularly something that gives the impression you were to blame for the accident. Even if you have no guilt, an opposing lawyer could take your social media post and present it to a jury where it’s possibly interpreted out of context.
This seriously damages your case, and can be a threat to you losing a settlement.
We believe social media should always be off limits in the middle of a lawsuit and investigation of your accident. With the free-form nature of social media, it’s just too easy to say things openly without realizing how easily words get twisted.
Isn’t My Social Media Private?
In a word, no. Molly DiBianca, a Delaware attorney, writes:
“…The very purpose of social media – to share content with others – precludes the finding of an objectively reasonable expectation that content will remain ‘private.'”
In other words, regardless of the privacy settings of your page, the fact that it’s posted to Facebook means the information is no longer private and can be used against you.
Wilson Kehoe Winingham Can Help
Have you or a loved one been seriously injured in a accident? Contact the personal injury attorneys at Wilson Kehoe Winingham today for a free case evaluation. We’ll help guide you through the legal process, as well as give you advice on using social media during the the lawsuit.