Personal injury cases in Texas can be complicated, involving various aspects of law and requiring careful attention to detail. One of the less obvious but increasingly significant factors that can impact a case is social media. As personal injury lawyers, we have seen firsthand how seemingly innocent social media posts can harm a client’s case.
Serving Kaufman, Texas, Harrell & Paulson is here to help. In Texas, where personal injury laws are strict, we often advise our clients to exercise caution when posting anything online during the course of their case. The goal isn’t to infringe on personal freedoms but to make sure that the information shared online doesn’t inadvertently jeopardize your case.
The Influence of Social Media on Personal Injury Cases
In today’s digital society, social media has become a cornerstone of communication. However, when involved in a personal injury case, the seemingly harmless act of posting on social media can have serious legal consequences. Personal injury lawyers often encounter clients who unknowingly jeopardize their cases by sharing information that can be used against them.
Insurance companies and defense attorneys are keenly aware of the information that can be found on social media. In fact, it has become a common practice for defense firms to comb through the social media profiles of individuals involved in personal injury lawsuits.
A casual post about participating in an activity that contradicts your claim of injury can be used as evidence to question the severity of your injuries. For example, a post showing you enjoying an outdoor activity like hiking or playing a sport may raise doubts about your claimed inability to engage in such activities due to your injury.
As personal injury lawyers, we understand the importance of scrutinizing every aspect of a case. We advise our clients to be extremely careful about what they share online.
The consequences of an innocent social media post can be dire, often leading to delays, reductions in settlement offers, or even a loss in court. In some cases, it may even be the determining factor in the outcome of the case.
How Social Media Posts Can Hurt Your Case
When it comes to personal injury claims, the smallest details matter. Social media posts aren’t just harmless updates for friends and family—they can be scrutinized as evidence by the opposing side.
Personal injury lawyers frequently encounter situations where a client's social media activity becomes a point of contention. A post that seems like an innocent update could inadvertently harm a claim by contradicting what the client has said in their deposition, testimony, or to their doctor.
Here are some examples of how social media posts can hurt your personal injury case:
Contradictory statements: If you’re claiming to have sustained significant physical injuries, such as a broken bone, but you post a picture of yourself enjoying a strenuous activity or participating in physical exercise, the defense may use this as evidence that your injuries aren’t as severe as you have stated. Even if you weren’t feeling pain at the time of the post, the appearance of activity can create doubt in the minds of the judge or jury.
Admissions of fault: Sometimes, social media posts can inadvertently serve as admissions of fault. For instance, if you post a message or photo that suggests you were at fault for the accident, it could be used against you in court. Even a seemingly innocuous statement like “I wasn’t paying attention when the accident happened” can harm your case by implying negligence.
Oversharing: Social media encourages sharing intimate details of our lives, but oversharing can hurt your case. Personal injury lawyers advise clients to avoid posting about their emotional state, daily activities, or even medical treatments. For example, posting about struggling with pain or fatigue may be interpreted as an exaggeration or as an indication that your injuries aren’t as severe as claimed.
Public vs private posts: Many people assume that if their social media account is private, their posts are safe from legal scrutiny. Unfortunately, this isn’t always the case. Even private posts can be subpoenaed during the discovery process, and any public posts are available for anyone to see, including the opposing side. Personal injury lawyers often advise clients to make their profiles private during the course of the case to minimize the risk of damaging posts being used in court.
The risks of deleted posts: Some people attempt to erase their past mistakes by deleting posts they believe could harm their case. However, even if a post is deleted, it may still be retrievable. The opposing side can use technology to recover deleted posts, and any attempt to conceal evidence could be seen as an attempt to manipulate the case, which could damage your credibility.
As personal injury lawyers, we always remind our clients that their social media activity is never truly private. Even if your account is set to private, it’s still possible that screenshots or other forms of evidence could be obtained by the other party. Therefore, we encourage clients to refrain from posting anything that could be construed as contradictory or potentially damaging.
Social Media and the Discovery Process
In legal proceedings, the discovery process refers to the exchange of information between the parties involved in a case. This can include documents, witness statements, and other forms of evidence, including the review of social media activity. As personal injury lawyers, we have witnessed the increasing importance of social media posts in the discovery phase of litigation.
During discovery, the opposing party may request access to your social media profiles. In Texas, they may also seek a subpoena to obtain any relevant information, including private posts and messages. Personal injury lawyers are well aware of the potential impact this can have on a case, and we work hard to protect our clients from any harmful disclosures.
If your social media profiles contain information that could undermine your case, it may be used to cast doubt on the severity of your injuries or your credibility. For instance, if you have posted photos of yourself enjoying a vacation or engaging in physical activity, this could be used to suggest that your injuries aren’t as debilitating as you claim.
Even after you delete a post, it may still be possible for the opposing side to obtain it through digital forensics. Personal injury lawyers advise clients to avoid deleting anything, as it could be interpreted as an attempt to hide evidence. Instead, we recommend taking a proactive approach by reviewing and cleaning up your social media profiles before proceeding with litigation.
What to Avoid When Posting on Social Media During a Personal Injury Case
It’s important to remember that social media posts can be seen by more people than you might expect. As personal injury lawyers, we advise our clients to follow specific guidelines to protect their cases:
Avoid posting about your activities: If you’re claiming to be injured, avoid posting pictures or updates about engaging in physical activities, no matter how minor. Even a seemingly innocent post about walking your dog or gardening can be misinterpreted as evidence that your injuries aren’t as serious as you claim.
Don’t discuss your case: It’s crucial to avoid discussing the details of your case on social media. This includes sharing information about settlements, court appearances, or your legal strategy. Anything you say could potentially be used against you by the opposing party.
Refrain from complaining about your injuries publicly: While it’s understandable that you may want to vent about the pain and frustration caused by an injury, doing so on social media can be damaging. Complaining about your injury can be perceived as an exaggeration or as an attempt to manipulate the legal system.
Limit personal information: Be cautious about sharing personal information, including details about your medical treatment or the challenges you’re facing. Even posts about how you're coping with pain can be taken out of context.
Set your profiles to private: If you must use social media, set your profiles to private. While this doesn’t guarantee complete privacy, it can limit who can access your posts. However, keep in mind that private accounts can still be subpoenaed, so it’s best to limit what you post overall.
As personal injury lawyers, we guide our clients through the process of managing their social media activity. Our goal is to make sure that no posts inadvertently undermine the case or give the opposing side ammunition to challenge the claim.
Legal Strategies Personal Injury Lawyers Use to Protect Clients
We, as personal injury lawyers, take proactive steps to make sure that our client's social media activity doesn’t negatively impact their cases. The following are common strategies we employ:
Pre-litigation social media review: Before we file a personal injury claim, we often review our clients' social media profiles to assess the potential risks. We advise them on what to remove or alter, and we provide guidance on what to post during the course of the case.
Clear guidelines for social media use: We provide clients with a list of do’s and don’ts regarding social media usage. This may include advising them to refrain from posting anything related to their case or their injury.
Monitoring for risk: Throughout the case, we monitor our clients' social media profiles to make sure they aren’t inadvertently posting anything that could hurt their claim. We also keep track of any relevant public posts made by others that could impact the case.
Educating clients on privacy settings: We educate our clients about the importance of privacy settings on their social media accounts. However, we make it clear that no privacy setting is foolproof, and the safest option is simply not to post anything that could be used against them.
By using these strategies, personal injury lawyers help clients understand the intersection of social media and litigation.
Best Practices for Social Media Use During a Case
In order to protect your personal injury case, we recommend following these best practices for social media use:
Be selective about what you share: Only share what is necessary and appropriate. Avoid posting about your daily activities, injuries, or medical treatment.
Communicate privately: If you need to vent or share personal updates, do so in a private conversation rather than publicly on social media.
Consult your lawyer: Before posting anything, consult with your personal injury lawyer to make sure that it won’t negatively impact your case.
By following these steps, you can protect both your personal life and your personal injury claim.
Contact Our Firm
Social media can be a powerful tool, but it can also create significant risks for those involved in personal injury cases. We work hard to guide our clients through the legal process, including the potential pitfalls of social media. We serve clients in Kaufman, Forney, Terrell, and Rockwall. Contact our firm of experienced personal injury lawyers to discuss your case.
