Could the Defendant in My Personal Injury Lawsuit Use My Social Media Posts Against Me?

Feb 28, 2018

Could the Defendant in My Personal Injury Lawsuit Use My Social Media Posts Against Me?

If you’ve been involved in a personal injury case in Charlotte, North Carolina, it is likely that you have been in some sort of accident which has resulted in an injury, loss of wages and even pain and suffering. Going through a personal injury lawsuit is not easy, which is why it is important to have an experienced lawyer who is knowledgeable in personal injury cases by your side as you file your personal injury lawsuit.

Accident and injury law in North Carolina includes injuries resulting from car accidents, medical malpractices, workers’ compensation, slip and falls and more. Because North Carolina is an at-fault state, plaintiffs who are seeking damages for injuries in an accident legally cannot collect compensation if they are partially at fault for the injury or accident.

If you are suing the person responsible for your injury and this person is using your social media posts against you in the personal injury lawsuit, you could be in for some tricky business. It is possible that the defendant is trying to get the personal injury case dismissed by attempting to prove that you were partially at fault for the accident by showing social media posts which may support this claim. It is also possible that the defendant’s lawyers may use your social media posts as evidence to refute your injury claims, which could be detrimental to your case.

Are Social Media Posts Admissible in Court?

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In short, yes, they are. Social media posts can be damaging to any type of personal injury case and can have quite the negative impact on your personal injury claim. This is because posts on social media can easily be taken out of context, especially in a court of law. Defense lawyers and insurance adjusters are legally able to take any of your social media posts and use them against you in court. Posts which are shared on the internet are public, and therefore can be used legally in court. You may think that just because only your family and friends can see your posts that you are safe from this kind of problem. However, there are ways for lawyers and insurance adjusters to request social media information if they are investigating a personal injury lawsuit, even if your posts are private.

Both your current and future posts on social media can have an impact on your personal injury lawsuit, particularly if something you post has any relevance to your personal injury case. For example, posts shared on social media can sometimes be used by defense attorneys to show that the damages you have incurred in a personal injury case are not as bad or as serious as you claim them to be. If you claim to have a severe leg injury after your accident, but then make a social media post about playing basketball after work, this could be used to show that your injury is not as severe as you originally claimed.

What Should I Do with my Social Media Pages After I File a Personal Injury Lawsuit?

It is highly recommended that you either completely remove your social media pages or make your pages private before and after you file your personal injury lawsuit. Anything you have made public on your page and anything you post after the accident can legally be used against you according to North Carolina law. It is better to be safe than sorry in these types of situations, which is why it might be best to remove your accounts altogether or set them to private. It is not recommended that you delete any posts, however, as this can be considered tampering with evidence.

If you do keep your social media pages, try to follow these rules, so you do not hinder or affect your personal injury case in any way:

  • Do not say anything negative or potentially damaging about the other people involved in your case. This can be considered defamation.
  • Do not post anything about the condition of your injury, reports of your activities or anything related to your injury as you will likely have to explain these in a court of law.
  • Some personal injury cases prohibit the deletion of posts for preservation of evidence.
  • Make sure you are careful about who you are texting or messaging online. If you share a post that is intended to be private, make sure you double check who you are sending it to.

Insurance companies and defense attorneys can use the information they have found on your social media pages to impeach potential witnesses and even to show that the party who has been injured was, in fact, able to work. For this reason, you should always be careful about what you share online.

Reach Out a Charlotte Personal Injury Lawyer Today About Your Case

If you are involved in a personal injury lawsuit in Charlotte, North, Carolina and are worried about how your social media posts may impact the outcome, you should contact a Charlotte personal injury attorney at Ted A. Greve & Associates today for advice on how to handle your case. Defense attorneys and insurance adjusters have many ways they can use social media against you, and you’ll need advice from an experienced lawyer about how to navigate through posting on social media.