Everything posted on social media is considered public, and even the most well-meaning remarks about a personal injury claim could potentially be used against a plaintiff by the defense. For this reason, we’ve assembled the following social media guidelines for personal injury plaintiffs currently involved in litigation.
1) Don’t discuss your case online, period
First of all, regardless of what you plan to post, make sure your social media accounts are all set to PRIVATE sharing. This should keep your info safe from any third-party prying. But, regardless of your privacy settings, PLEASE DON’T POST ANYTHING ABOUT YOUR CASE ONLINE! Doctor visits, insurance issues, meetings, etc. Keep it ALL off of your social media.
2) Don’t post updates on your injuries, treatments, or overall physical condition
Despite often being the exact type of update you’d like to share with friends, publishing updates about your injuries and treatment can potentially damage your case. Updates can be taken out of context and occasionally viewed in a way that diminishes your potential settlement.
3) Don’t publish anything relating to physical activities (including travel)
This should be a no brainer, but if you’re currently engaged in litigation surrounding a personal injury, posting pictures of a recent ski trip, hike, or other strenuous activity can be hugely damaging to your case. 🙂
4) If in doubt, don’t post ANYTHING
You might be sensing a pattern here, but if you have the slightest inclination that a post could be damaging to your case, chances are you’re right. Erring on the side of caution is a good rule of thumb, and you’re not ever going to do harm to your case by simply staying silent online.
5) Please request the same level of “post-caution” from your friends and family
Unfortunately, not only are you responsible for your own posts, but you’re also responsible for the posts of any family members who might tag you on their own social media accounts. Sooooo, caution your friends and family members to refrain from tagging you in any posts that may have a negative impact on your case.
In some instances, if a confidential settlement is reached, it can be necessary to counsel family to adhere to the agreement and refrain from posting anything that could be considered in violation of your settlement. For a recent example, look no further than the headline grabbing case in which a man’s daughter cost him an $80,000 settlement after she publicly gloated on Facebook.
One careless update can have massive unintended consequences. Exercise good judgment, think before you share, and make sure you communicate the importance of smart social media usage to those around you. There’s no reason to let social media get in the way of resolving your personal injury claim.
Thanks to Richard Harris Law in Las Vegas for this nifty little chart below and GJEL Accident Attorneys for inspiring this post:
Thanks for taking the time to read!