Civil Litigation Lawsuits And Social Media Websites: What You Need To Know
ShareIf you have been involved in a car accident, have sustained injuries in a slip and fall accident or were bit by a dog, you may be filing a personal injury claim, which is a type of civil litigation lawsuit. This type of claim is designed to help you obtain money to pay for your medical expenses and to compensate you for the time you missed from work and your pain and suffering. When it comes to personal injury cases, one of the biggest mistakes that you can make is posting items on social media that can harm your case. It is advised that you stay off of all social media sites until your case resolves. But if you cannot, here are a few things that you need to know.
Making Your Page Private Does Not Mean It Is Private
Just because you make a social media profile private, does not mean it is really private. You may have people on your page who are taking screen shots of what you are posting and sending it to the insurance company or the other party behind your back. If you must post on social media, be mindful of the fact that private is not really private. As such, you should avoid talking about or mentioning your claim altogether.
Be Mindful of What Your Injuries and Restrictions Are
When you are posting to social media, always be mindful of what your injuries and restrictions are. For example, one of your restrictions may be that you cannot lift 20 pounds. But if you spent the day babysitting your niece, you may have pictures of you picking her up. The insurance company will argue that this shows you are fine and able to do more than you claim, without taking into account that that may have been the only time you lifted her and you may have been in pain the entire time. A picture doesn't tell the whole story, but it can be made to. As such, if a picture may go against your injuries or restrictions, avoid positing it.
Do Not Delete Posts
If you do post things that are questionable, you may think that you can delete the posts and everything will be fine. However, this is incorrect. If insurance companies get a hold of the posts and then notice they are deleted, they can argue spoliation of evidence. This means that you are purposefully hiding or destroying evidence. In some courts, you can be fined or held in contempt for doing this. In other states, your case can be thrown out if you repeatedly do this. Either way, the insurance company can get a subpoena and find out what you posted if you delete items, making it a moot point.
It is highly recommended that you stay off of social media if you have filed a civil litigation lawsuit for personal injury. But if you insist on staying active on these sites, keep these tips in mind. They can be the difference between you winning or losing your case. Contact a legal office, like Hart Law Offices, PC, for more help.