In today’s world, it’s common for people to have some form of social media account: Facebook, Instagram, LinkedIn, Twitter, Snapchat, Pinterest, and TikTok – to name a few. We use these accounts to connect with friends, network, and share updates about our lives.
Sometimes after they have been in a car accident, people will make a social media post that can potentially hurt their personal injury claim. How does this happen?
Social Media Activity As Evidence
If you are active on social media and also involved in a personal injury case, you should be cautious about what you share with your network. You may inadvertently post something that undermines your case by making you look bad or contradicting your own testimony.
For example, if you were in a car accident and are claiming a back injury, it would be a bad idea to check in to a trampoline park. While you may have a valid reason for going there, the auto accident insurance company defense attorneys will take that post and use it as evidence that you are not being honest about the extent of your injuries.
You might think that you can post whatever you want if you set your profile to “private.” This is not true. First, if the other side knows any of your friends, they can ask your friends to give them the information. Your friends might voluntarily comply. Second, the other side may take advantage of Nevada’s Discovery Rules and demand that you produce copies of your social media records. The court may require you to produce records of everything that you’ve posted on your social media platforms, regardless of your privacy settings.
Keep Off of Social Media
If we could offer one piece of legal advice about social media, we would recommend staying off of social media while you have a pending personal injury claim. If you absolutely must use social media, you should limit your activity to liking other people’s posts and sharing information. Do not share any personal information and ask your friends and family to refrain from mentioning your case.
Experienced Las Vegas Personal Injury Lawyers
If you have been in a car accident, you should speak with an experienced personal injury attorney who can help you protect your rights.