In this article, you will discover:
- How posting on social media can harm your personal injury case in Louisiana
- Whether you should delete social media posts related to your injury
- What you should tell friends who want to post on your behalf
How Can Posting About My Injuries Or The Accident On Social Media Hurt My Case?
Almost everybody owns a cellphone and uses social media today, so it’s essential to understand how social media can affect your case.
The insurance companies and opposing parties will monitor your social media accounts. They will use anything that you put out in the public sphere. Even the most innocent posts could be used against you. Specifically, insurance companies will use your posts as evidence to contradict your claims about the severity of your injuries or that you are injured at all.
Social media posts can only hurt your case, especially anything that contradicts what you are telling a jury or fact finder. Essentially, any posts can be damaging. The most damaging are posts showing you engaged in activities that you claim you cannot do without experiencing pain.
It’s also worth noting that your lawyer cannot use your posts to bolster your claims, as you would lack credibility.
Can Private Posts Or Messages Be Used In Court?
Setting your privacy settings on social media to “private” is not enough to fully protect you. A court can still issue a subpoena to access private messages for a case if necessary. However, the admissibility of private messages and posts depends in large part on their relevance to the case and your injuries. This factor could, in theory, apply to any messages regarding your pain or your injury, so the right to access could be broad.
How Can Location Data Or Tagging Harm My Personal Injury Case?
In theory, an opposing party or insurance company could seek your geolocation data via court subpoena. Geolocation could be used against you to weaken your case or show inconsistencies in your testimony. Having said that, the admissibility of this information would be based on its relevance.
Attorney Adam Whitley-Sebti is a seasoned lawyer based in New Orleans, LA, who has helped countless clients just like you navigate the intricacies of personal injury law. With years of experience, he is prepared to assist you in preparing an airtight personal injury case so you can secure the just compensation your injuries deserve.
Still have questions? Ready to get started? Contact Whitley-Sebti Law today to schedule a free initial consultation.
Should I Delete Old Posts About My Accident Or Injuries?
The short answer is no. Do not delete anything without first consulting your attorney. If you already posted about your case or your injuries, you may be tempted to delete this information. Yet, even after a post is deleted, it can be retrieved from the archive.
Deleting posts could be seen as destroying evidence and have serious legal ramifications. At a minimum, doing so can appear suspicious and could potentially harm your case if you are pursuing a legal claim related to the accident.
What Should I Tell Friends And Family About Posting On My Behalf?
If you have a personal injury case, you should ask friends and family to avoid posting anything about you on social media, including tagging you in posts. Anything they share could potentially be used against you by the opposing party in your case. Explain to them that even seemingly harmless posts could be misinterpreted and harm your claim. It’s best to remain silent about the accident and your injuries until the case is resolved.
Counteracting Misleading Social Media Posts By The Defense
Defense’s use of your client’s social media posts can be devastating. I had a case where the defense played multiple videos posted on social media showing my client skateboarding and participating in other activities he had said he could not do in his deposition. In this situation, the only option is to explain the context of the misleading posts to clarify the situation with opposing counsel, the Court, and the jury. It’s much better to make sure that damaging posts are never posted.
Still Have Questions? Ready To Get Started?
For more information on how social media can affect your personal injury case in Jefferson Parish, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (504) 370-2777 today.
Attorney Adam Whitley-Sebti is a seasoned lawyer based in New Orleans, LA, who has helped countless clients just like you navigate the intricacies of personal injury law. With years of experience, he is prepared to assist you in preparing an airtight personal injury case so you can secure the just compensation your injuries deserve.
Still have questions? Ready to get started? Contact Whitley-Sebti Law today to schedule a free initial consultation.
