Social Media is Good To Stay In Touch, Bad To Win Your Case In Baltimore!
Jul 23, 2018 22:47
It is a well-known fact that social media is an excellent way to stay in touch with people. Most would agree that using social media can be a big mistake if you are involved in a personal injury suit.
Before you get on SnapChat to tell the events of your accidents, remember that the insurance company, the judge, jury, and the defendant’s attorney will all have access to it. If there is even a slight suggestion of something inconsistent with your story, it might just come back to bite you.
How social media can be detrimental to your injury case in Baltimore
Beware that post anything on social media could cause you to lose your case even if you think that it is just a conversation between you and your friends. When someone is involved in a personal injury suit, your social media accounts are the first place that an insurance adjuster will go to investigate the legitimacy of your claim.
If you share anything with your friends, family, or even casual acquaintances either through word of mouth or social media, it might be possible for the defendant’s attorney to ask them to testify in court. They may be asked about your injuries, the pain that you experienced, or even if your injuries have limited you in any way.
The consequences of using social media improperly can get severe; the insurance companies do not even have to ask people to testify against you. Instead, they can take your words from your social media posts and present them in court.
Better than asking family and friends, if you post a video, a photo, or even a comment about your accident, it is admissible in court. If you say anything contradictory or share videos or pictures of you doing something that would work against your claim, it can be used as evidence against your case.
Non-economic damage recovery in Baltimore
Unlike economic damages that are well documented and typically come with a dollar amount owed, non-economic damages are hard to prove with physical evidence. Non-economic damages are things like emotional distress and pain and suffering.
If you use social media accounts to tell others that nothing is wrong emotionally, your words can be used against you as evidence that your mental state is “just fine.” Imagine that you are having a great day and post how happy you are to social media even though you are suffering.
If you claim that you are miserable and suffering emotionally, but your social media posts show that you are happy, the opposition can paint a picture of someone who is “fine” and seems not to be damaged emotionally at all. Even if you post to social media about how upset you are at some point, all the other posts where you are acting as if everything is okay can offset the times when you aren’t so fine.
Can social media legally be used against you in court?
If you post anything on the internet then your words, pictures, and videos become public record, and, therefore, it is admissible in a court of law. Anything that you put out there on the world wide web can be used as evidence against you.
If you are involved in a private conversation or message that does not post publicly, then that is private and can not be used as evidence. The only way that an insurance company can use a private message or conversation that you had with someone is either through your consent or if they obtain a warrant.
So, what should and shouldn’t you do on social media?
If you are involved in a personal injury suit, it is best to stay off of social media altogether. It might be tempting to tell loved ones about your injuries but doing so can damage your credibility and your case.
If you do post on social media, try to be devoid of emotions unless you want to use it to document your pain and suffering. If you use it only as a conduit to let people know about the hardships of your injuries, then it might work in your favor. Before you post to social media, it is a good idea to discuss it with your personal injury attorney in Baltimore to ensure that you aren’t doing more harm than good.
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