Don't Post It: Social Media Can Ruin Your Case

Social media can become a part of your life that is almost second nature. When something happens to you or when you have something fun planned, you may make a comment that could be used against you in court. Be careful what you say on social media or do not say anything at all. Here’s what you should know about how social media can affect your personal injury case. '

The goal of the defense attorney is to gather evidence that your life was not negatively impacted by the injury. Defense attorneys sometimes go to the length of hiring a private detective to observe your day-to-day life. However, this is not necessary if you make a post that undermines a claim you are making. A post may be used to argue that your quality of life was not diminished.

When filing a lawsuit, you should always make sure that the basis upon which you file the lawsuit is true. Telling the truth will strengthen your case. However, even a statement that is made in jest on social media could be taken literally and used as a reason dismiss your claim.

If your attorney is arguing that you are depressed or suffer from severe anxiety as a result of the incident that lead to the personal injury, a history of posts that show a lack of depression or anxiety can be used to argue that you were not emotionally affected in the way you claimed. For example, a post of you laughing and drinking may undermine your claim. This claim could be countered by the argument that you were simply playing along.

Even more problematic is when you have suffered an injury and are shown engaging in an activity that should be difficult or painful as a result of your injury. For instance, a picture of you dancing shouldn't be posted to social media. You could argue that you were simply feeling better that day, but it’s best to avoid providing the defense with this kind of evidence.