The influence that social media has on our day-to-day lives continues to grow, with many of us documenting our entire lives online. It’s the first place we look in the morning and probably the last thing you check before bed! Social media has connected us in ways we could never have dreamed of, even just a few years ago, but it also comes with some negative aspects, one of which is how it impacts a personal injury lawsuit. When you are working with a personal injury lawyer in Knoxville, TN, the opposing legal team will likely check out your social media profiles, looking for information that could be used against you in court.

Let’s take a look at some of the ways social media could have a negative impact on your personal injury claim.

Contradicting Your Claim

One of the main ways your social media activity could negatively impact your personal injury lawsuit is if your posts can be construed as undermining your claims. For example, suppose you are claiming severe physical injuries but are posting photos of yourself participating in physical activities, working, or traveling. In that case, a defense attorney may submit these as evidence that your injuries are not as severe as the claim suggests. It could be that the images are misleading or are old images that you have recently reposted, but this can be challenging for your personal injury lawyer in Knoxville, TN, to refute.

Admissions of Fault

Another potential problem with social media is that it is easy to inadvertently make a statement that can be considered an admission of guilt. If you have posted images or comments about an accident and make any remark about not seeing the other driver, or failing to stop at a red light, it can be taken as you accepting fault. Similarly, commenting to a friend enquiring about your recovery that you are ‘fine’ or ‘doing well’ could be used to call into question your injuries. It may be just an offhand comment with no ill intentions behind it, but it could have a significant impact on the outcome of your case. A personal injury lawyer in Knoxville, TN, will likely advise not sharing any details of your accident online while the lawsuit is ongoing in order to avoid these situations.

Damaging Your Credibility

It isn’t just posts relating to your accident that could be used against you during a personal injury lawsuit. The end goal for the defense attorney is to avoid their client paying damages or, at the very least, to minimize those damages. That means they will use any information they can access, including your social media activity. If they can provide posts that might portray you in a negative way or suggest you have an untrustworthy character, these can be used to call your claims into question. This might include evidence of you engaging in dangerous or reckless behavior or abusing illegal substances. Even seemingly innocent posts could be taken out of context to attack your credibility. Your personal injury lawyer in Knoxville, TN, may advise you to completely lock down your online profiles so they cannot be accessed publicly.

Can Social Media Be an Asset In Your Lawsuit?

It’s not all negative! Social media can potentially benefit a personal injury lawsuit if used carefully and strategically. Let’s look at some of the potential benefits:

  • Supporting Evidence - Social media can sometimes provide valuable evidence that supports your claim. For instance, photos, videos, or posts made shortly after the accident can document the severity of injuries, the scene of the accident, or the immediate aftermath. These posts can corroborate your version of events, offering visual proof that can strengthen your case.
  • Witness Testimonies - Social media platforms can help identify potential witnesses who saw the accident or interacted with you following the event.
  • Tracking the Other Party - Just as your social media can be scrutinized, the opposing party’s social media activity can also be examined. Social media activity that goes against their statement or images and other content that demonstrates reckless behavior before or after the accident might be used to strengthen your claim.
  • Showing Lifestyle Changes - If your injuries have significantly impacted your lifestyle, social media can highlight this shift. Posts that demonstrate the stark difference between your pre-accident activities and post-accident limitations can serve as evidence to support your claim for damages.

However, while social media can help in some cases, it's essential to use it cautiously. Always follow the advice of your personal injury lawyer in Knoxville, TN, to avoid any pitfalls that could harm your case.

Social Media Best Practices Following An Accident

As you can see, social media is a potential minefield when you are in the midst of a personal injury lawsuit. Understanding the best wat to approach social media when pursuing a personal injury claim can be vital to a successful personal injury claim. Here are some tips from a personal injury lawyer in Knoxville, TN, that can help prevent social media from harming your lawsuit.

  • Don’t Post About Your Accident or Injuries Online
  • Avoid Posting Photographs, Videos, or Comments About Your Daily Activities
  • Do Not Discuss Your Employment Status Online
  • Be Careful About Accepting Unfamiliar Connections
  • Do Not Respond To or Repost Media Reports Regarding Your Accident
  • Change Your Privacy Settings to The Highest Setting
  • Do Not Try to Delete Or Hide Posts As This Can Be Seen As Hiding Evidence

In conclusion, while social media has become an integral part of our daily lives, it can pose significant risks when involved in a personal injury lawsuit. Posts that contradict your claims, admit fault, or damage your credibility may be used by opposing legal teams to weaken your case. It is essential to be cautious and mindful of what you share online during this time. Following best practices, such as avoiding posts about the accident and locking down your profiles, can help protect your claim. Always consult with your personal injury lawyer in Knoxville, TN, for guidance on managing social media activity while navigating your case.

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Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.

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