How Social Media Can Ruin Your Lawsuit
It can be very stressful to file a lawsuit against another party. There are several different requirements you may have to meet. Having a car accident attorney by your side throughout this legal process will help extremely. But there are certain things that you must have to do personally in order to strengthen and build your case.
With the increase in different social media platforms and with many accounts now being public, many attorneys are now using social media as evidence in lawsuits. Every single action that you take, whether offline or online, could impact your lawsuit tremendously. Posting on social media could essentially hurt your case, even to the point where the other party may deny your case altogether, and the fact that you have suffered injuries.
What must I prove in a lawsuit?
The different elements you have to prove any lawsuit depend on the circumstances of the accident, and how your injuries came about. For example, if you have been involved in a car accident, an example of some elements you have to prove include:
- The other driver had a duty to drive safely on the roads in California
- The other driver failed to drive safely on the roads
- Because the other driver did not drive safely, they caused the accident
- The accident then led to injuries
These are just some elements that you must have to prove in court when you file a lawsuit in California. But, keep in mind that these elements change depending on your specific circumstances and the specific accident that you have suffered. For more information, contact our experienced car accident attorneys today for any assistance.
What are common injuries in a lawsuit?
When you file a claim or a lawsuit against any party, one of the requirements is that you prove you have suffered injuries. These injuries could vary depending on the accident that you have suffered. For example, some of the most common injuries that we have seen when dealing with accidents include:
- Traumatic brain injury
- Spinal cord injury
- Back injury
- Hand injury
- Head injury
- Internal bleeding
What happens when I file a lawsuit?
When you file a lawsuit against another party in court or a claim against your insurance company, they usually will investigate all the facts and circumstances surrounding the injuries that you have claimed. The other parties will start to investigate all different types of medical records and social media presence. With almost everyone now using social media, many law firms and insurance companies have now turned to social media to find any incriminating evidence that they could have against the party that is filing the claim or lawsuit. Some examples of social media platforms that law firms or insurance companies may look at include:
- Tik Tok
Will my social media records be admissible in court?
There are certain rules in court that prevent specific types of evidence from being introduced in a lawsuit. This depends on the piece of evidence that is trying to be introduced in court. Recently, courts have allowed social media posts to be allowed in court by a party to prove that the other party did not suffer any injuries.
How will social media hurt my lawsuit?
- Videos: when you post a video doing a specific activity, and you have claimed that you are unable to leave the house and take part in such physical activity, this could be used against you in court.
- Checking in: many social media platforms now allow users to check into certain areas. If you check into a specific amusement park or a party for example, it could be used against you to show that your injuries have not really affected your lifestyle in any way.
- Photos: when you post photos taking part in a dance class or at the gym, the other party may use this as incriminating evidence to show that the injuries you have suffered are not severe and permanent.
- When there are photos, videos, or places that you have checked in that involve strenuous activity, it could be used against you in court.
Will other parties still be able to access my account if I’m private?
There are so many platforms and websites out there that may pull images from your account, even if you are all private. Our car accident attorneys recommend that you stay off all social media during a lawsuit. Further, even if you have a private account, other parties may still be able to access your photos and videos by sending a friend request from a fake account.
Will family members affect my lawsuit?
Another point that many people do not realize when filing a lawsuit is that posts from family members and friends could also impact the amount you receive from the lawsuit. For example, pictures that your mom or dad may post of you on their social media could also be investigated by an insurance company or a law firm. Photos that you are tagged in also show up on your social media accounts. Your friends and family should refrain from posting any photos and videos of you during a pending lawsuit.
What should I do after an accident with my social media accounts?
- Try to stay off of social media, and if possible, deactivate your account temporarily
- If you need social media, then at least make your account private instead of public
- Do not post any photos or videos about the accident and pending lawsuit
- Do not comment on any pictures
- Do not like any images posted by others
- Make sure that you are not tagged in photos by your friends and family
- Do not check into places with your social media
One key point is that everything you do on social media could eventually be reviewed and investigated by an insurance company or law firm. Always keep in mind that everything you do leaves a trace, and if you do not feel comfortable with another party looking at your social media, we recommend that you refrain from doing anything on your accounts.
Contact our Car Accident Attorneys
For more assistance with your personal injury case, contact our Car Accident Attorneys at Megeredchian Law today for a free case evaluation. Our case evaluations go into detail with your specific accidents and injuries to determine what specifically works for you. Something that works for you, may not work for other clients, that is why we provide our utmost care and attention to every case that comes before us. There are several different things that may be going through your mind after an accident and during the pending lawsuit. But, one of the things that may not be going through your mind is the impact of social media. For more information on how to stay off of social media and how social media could impact your specific lawsuit, contact us today for more assistance.
Our legal team of professionals are available 24/7 to answer any questions or concerns involving your case. Give us a call today to schedule your free case consultation.