How Social Media Can Hurt Your NJ Personal Injury Case
Posted June 28th, 2018 by Anthony Carbone, PC.
Categories: Personal Injury.
Social media is an excellent opportunity for sharing different aspects of your life. That said, it is also an invitation for disaster. You might already refrain from posting about your political opinions. Meanwhile, there’s also no doubt that what you share about your daily activities can come back to haunt you.
Consider the young lady who goes out for an evening on the town with her friends. As far as she’s concerned, there’s nothing wrong with dancing the night away. After all, she feels up to it. So, what’s the big deal?
It might even be something the dancing queen decides to share on her own. One of her dance partners captures her on video as she boogies away. The injury victim is “tagged” in the YouTube video, and the post is made public.
A big deal? Or, not? You decide.
Maybe a random night of feeling good is no biggie. However, the harm comes during the young woman’s deposition. Defense counsel asks the claimant if any of activities are restricted as a result of the accident claim. She names a few – and even includes the pain associated with ordinary walking.
The question becomes targeted. So, that means you’re unable to dance, right? It could be that the claimant doesn’t remember the one time she went out with her friends. Or, candidly, she might figure no one knows. She asserts that she misses dancing and has not been able to do so since the incident.
Too bad the insurance company has already provided defense counsel with a copy of the video. It more than disputes the claimant’s words. And, makes her look like she isn’t exactly truthful.
Social Media: Don’t Overshare!
Truth be told, social media can act as a negative in your personal injury case. If you’re one that likes to “check in,” you may open yourself up for easier tracking by the insurance company. In some cases, a private investigator may be retained to watch your actions.
However, you make the job easier if you’ve already provided breadcrumbs with your check-ins.
Also, you may have already heard the phrase regarding your lawyer’s obligation to keep your confidences. However, when you divulge conversations you have with your legal counsel, it’s you who are breaking attorney-client privilege.
Here’s another caution. You mention that you were injured in an accident on social media. More than likely, someone will want to know the circumstances. When you share your version, it may come up again. Perhaps you didn’t phrase it quite correctly – so, why bother?
As you’re reading this, you may think that you’re protected. After all, you have all your privacy in place on all of your social media accounts.
Think again. The internet is not private. Repeat. Nothing is private on the World Wide Web.
Did you suffer injuries in an accident? At the Law Offices of Anthony Carbone, we help clients recover damages incurred due to negligence claims. Give us a call to schedule an appointment.