Social Media Use and the Effect It May Have On Your Personal Injury Case

Someone who has been injured may be tempted to let everyone on Facebook know what happened, but their best choice may be to say silent.

It is increasingly common for prospective employers and even schools to search out your social profiles and do some investigative work. The same can hold true for defense lawyers in a lawsuit if a case is brought against their client.

Defense attorneys may investigate a plaintiff’s posts and use them to refute their claims

A personal injury lawsuit is filed so that the plaintiff can recover damages due to their life being impacted by an injury caused by another party. A defense attorney’s job is to search for evidence that shows that contrary to the plaintiff’s claim, their life has not been negatively impacted. A defense attorney may even seek evidence to show that a plaintiff is exaggerating the extent of their injuries.

There are different routes that a defense attorney can take to find evidence. They may interview a plaintiff’s friends, coworkers, boss, or neighbors or use a private investigator  to watch and report a plaintiff’s activity. The goal is to find actions, behaviors, or lifestyle choices that prove a plaintiff is not suffering as they claim to be.

Social media can be a goldmine for a defense attorney. Imagine a post as innocent as saying a plaintiff strung Christmas lights using a ladder being used as evidence refuting their claim of a back injury.

If a personal injury claim includes complaints of emotional or mental trauma and a diminishment of their quality of life or ability to function, a plaintiff’s social media posts can be put under a microscope and used to contradict their claims. And since many times only the positive things in one’s life are shared, this can give the impression that the person isn’t really suffering as they say they are.

Photos showing partying, drinking, smiling and having a good time are all things that will be used to cast doubt on someone’s claims of being traumatized. Seem unfair? It is a common tactic.

Negative posts about the defendant can backfire

Lest a plaintiff think that only the positive posts can ruin a claim, negative posts can also cause damage a case. A plaintiff may be angry, hurt, or upset that the behavior of someone else caused them harm, but venting loudly on social media is a bad idea.  Unrestrained anger can make think a plaintiff appear as they are only looking for quick money or are just someone who likes to sue others. A defense attorney can use these angry posts to paint the picture that a plaintiff is exaggerating to get some quick settlement money.

They may also claim that ‘sour grapes’ is motivating the suit, rather than actual injury. Negative rants and posts on social media can be used as evidence to show a plaintiff is bitter and unstable and out to ruin the reputation of the defendant.

Sharing posts or pictures of an injury is also a bad idea while a case is pending. Let’s be clear. A personal injury case, no matter how simple or straightforward one may think it is, has many layers and many professionals working on it. This can include a team of doctors, medical personnel, insurance actuaries and law enforcement officers and others. Each plays a role in explaining and showing how injuries affect someone’s life, the exact nature of injuries, the prognosis of the injuries. A defense attorney will be constantly looking for inconsistencies or untruths.

If a plaintiff posts about their injury and their description or caption of the injury doesn’t match what they have stated in their claim, this can be used as evidence that the claim itself is untrue.

And also, to be clear, defendants in personal injury cases: you should also be careful what you post on social media as well. Come across as mean or careless and you might be found liable in the case.

The bottom line is this: social media posts will rarely help a plaintiff’s case. Being very careful what is posted, changing privacy settings to the most private they can be are all good ideas. Better yet, staying off social media completely is your best course of action until your case is resolved. This is the one time that silence can be golden.

Keough + Sweeney can answer more questions about your personal injury case. Call us today 401-724-3600 in Rhode Island or 617-574-0054 in Massachusetts.