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Social Media and Personal Injury Lawsuits

Undoubtedly, social media platforms such as Instagram, Twitter, Facebook, and Snapchat, among others, impact every aspects of our daily lives. Just as social media can impact your job, friendship or relationships, it can inevitably impact a lawsuit. While you are in the midst of a lawsuit, social media can play a vital role in whether or not a case is won or lost. Our personal injury attorneys are here to give you some insight of how social media can influence your case, and some tips on how to deal with this during a personal injury lawsuit.

First, just as any other piece of evidence, social media posts or photos can be used as valuable evidence during a case. Posting in regards to your personal injury suit can be highly damaging. Say, for example, that you were in a car accident, suffered a broken leg, and are claiming loss of wages and medical expenses. If there are photographs circling the internet of you doing everyday activities without crutches or a walking boot, this damning evidence could ruin your case instantly. Additionally, if you post to your followers that your injuries are “not that bad” and you are working towards a “speedy recovery,” this could be damaging to how much compensation you may receive from the opposing party or insurance company as damages.

Also, social media is a breeding ground for people trying to make their lives seem “better” than they actually appear. This “digital glow-up” or “confidence booster with likes” could be very harmful to your case. For example, if from the same car accident, you claim emotional distress, it is probably not in your best interest to show on social media that you are out on the town, living your best life, and sipping on a glass of rose on a Boston restaurant rooftop. These types of postings insinuate that the pain and suffering sustained from your accident may be false, so it is best to avoid any posting that could contradict your claims.

During a lawsuit (and, really, after an injury or accident) our attorneys encourage clients to keep a low profile and share as little as possible on social media. Many of our clients believe that social media is considered to be personal property; however, social media postings have been held to be admissible evidence by the courts. It is important to note that the opposing counsel or insurance companies in a case can hold any of this against you, even a comment you make on someone else’s social media. So, even if your profile is private, these posts are still viable evidence at trial.

While we do not encourage our clients to completely shut down their social media, we generally encourage to not post about your personal injury case or injuries sustained. Because nothing on the Internet is truly private, use cautious judgment about what is posted during litigation. As it has been shown that social media is admissible in court when it is relevant in a case, these postings are very plausible evidence that can have a huge impact on your claims.

When you are party to a lawsuit, it is important to understand the impact social media may have on your case and on personal injury law, generally. To get a thorough understanding of what your options are, you should contact an attorney immediately. If you have any questions about motor vehicle accidents, negligence matters, personal injury law, tort law, intentional torts, damages, or other legal incidents, please contact our offices. You may schedule a free consultation with an experienced professional today. Call 978-225-9030 during business hours or complete a contact form online, and one of our experienced personal injury attorneys will get back to you.

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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