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Updated February 26, 2019
Social media is a large part of life for many people today. Unfortunately, after an accident or injury, posting on social media can potentially create serious legal issues. Most personal injury attorneys agree: Don’t post on social media until you speak with legal counsel.
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 using social media sites, 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 might take your social media post and present it to a jury, where it could be interpreted out of context.
This action would seriously damage your case and could cause you to lose a settlement.
We believe social media should always be off limits in the middle of a lawsuit and the investigation of your accident. With the free-form nature of social media, it’s just too easy to say things openly without realizing how words can be twisted.
Is your social media private? In a word, no. Molly DiBianca, a Delaware attorney, said that “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 your information is posted to Facebook means it is no longer private and can be used against you.
If you or a loved one have been injured in an accident, contact an Indianapolis personal injury lawyer from Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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