If you are involved in a personal injury lawsuit, your lawyer may advise you against using social media websites until the claim is settled or taken to trial. Unfortunately, people believe many myths related to social media and personal injury claims, and as such, they post, despite their lawyers' warnings. Here are a few of the top myths related to social media and personal injury cases and the truth surrounding these myths.
Myth 1: What You Post Can't Be Used Against You
One of the biggest myths out there is that what you post on social media websites cannot be used against you. Some people believe if their account is private, it means that what they post cannot be used, and other people believe that anything they post can't be used against them.
Unfortunately, this is not true. Some people may forward what you post to the insurance company or the other party's attorneys, or the attorneys may be able to subpoena the account if they have reason to believe that there is evidence that can help them with their claim. Never believe that what you post is private or can't be used against you, because it can be.
Myth 2: You Have the Opportunity to Explain Pictures
The second myth related to social media and personal injury cases is that you will have the opportunity to explain pictures or posts. For example, you may be unable to work following a car accident because the doctor says you can't lift 20 pounds. But, you may post a picture of yourself holding your friend's toddler.
You will not have the ability to explain that you only held the toddler for a second before you felt so much pain you had to put him down, or that after holding him, you had to ice your back for an hour. A picture or post is worth a thousand words, and unfortunately, you don't get the opportunity to counter with your own words.
Myth 3: Only Plaintiffs Should Avoid Using Social Media
The last myth is that only plaintiffs, or those filing the case, should avoid using social media. The truth is, anyone involved in the lawsuit should avoid using social media. Defendants and witnesses can be discredited or have their motives and morals questioned based on what is posted. As such, everyone should refrain from posting until the case is settled or the trial is completed.
If you are involved in a personal injury case, you should always avoid posting on social media website until the case is completed. If you have any questions about whether something can or should be posted, or wonder if something you have heard about social media and personal injury cases is fact or myth, speak with a personal injury lawyer, such as one through Terrel DoRemus & Associates. It is always better to be safe and seek legal guidance before posting something that can harm your credibility or your case.