Many people take to Facebook, Twitter, and other social media platforms to share just about every event in their lives, good or bad. That’s the world we live in, but it’s important for those who have been involved in a car accident or other type of accident to be careful about continuing that practice.
Why? There are lots of reasons, but it comes down to this: Should your accident warrant a lawsuit, you can bet that the defense attorney of the other person involved will evaluate your social media activity. If you post even milestones you are achieving in your recovery, it could come back to haunt you. Resolution Funding has worked with several attorneys who have had clients who harmed their case because of pictures and updates they put on Facebook.
Picture this: you’ve been in an accident and are suing the other driver. They ran a red light and t-boned your car, causing you significant vehicle damage and serious injury. You’ve had several medical treatments and a back surgery, but the pain is still there, and you have had to stop working because of it.
Of course, you still have to keep living your life to the best of your ability. But what if you post photos from a family member’s barbeque gathering of you looking happy? Maybe you are holding your young niece or nephew or putting your arms around family members.
What does this have to do with your case?
The defense attorney can and will find ways to imply that perhaps you’re not in the ongoing pain you claim to be. How could you be experiencing ongoing suffering but also enjoying yourself at a get-together, even holding a 20-pound child?
This might sound like a stretch, but sadly, we’ve seen it play out before. And too often, people don’t think carefully before sharing the details of their lives on social media. We’ve also heard of people who shared information about their accidents (what happened and when), which can cause them even further harm and trouble.
We know as well as you do that just because you smile in a photograph doesn’t mean you’re not suffering. You might struggle to get up and down the stairs each day due to your injury, but the attorney on the other side might not paint that picture to the judge or jury. The last thing you want is for your situation to be completely misconstrued based on what information you are putting out there.
Bottom line: be careful what you post on social media after you’re in a car accident. If your case were to go to trial, there are so many factors that can affect a jury and impact their impartiality. Just as you hear about trials involving people who are in the media spotlight facing this same challenge due to pre-trial media coverage, your trial could be affected by your public actions. Don’t put yourself at risk. Don’t share information that is left to interpretation or share information about your accident. And definitely avoid posting lots of updates and pictures about your life after your accident, even if you’ve always been the type to share a lot about your life online. It isn’t worth the risk, and although it might not hurt you, there is the very real possibility that it could hurt you very much.
If you have questions about what not to do after you’ve been involved in an accident, call us. We work with accident attorneys often and understand what types of scenarios can arise. We’re happy to answer your questions!