Personal injury lawsuits allow injury victims to recover not just for monetary damages like lost wages and hospital bills, but also for their physical and mental pain and suffering. The loss of spousal companionship, enjoying once-daily activities, or the anguish brought on by a personal injury can have a devastating impact on the mental health of an injury victim. But what many injury victims do not understand is how social media can affect your credibility in personal injury lawsuits.
Proving pain and suffering in a personal injury lawsuit is often easier said than done. Defense attorneys will use a variety of legal maneuvers to disprove the suffering of personal injury victims. One tactic becoming more common is to scrutinize the social media accounts of the plaintiff.
Defense attorneys may attempt to use social media posts on Facebook, Twitter, and Instagram to cast doubt on plaintiffs’ claims of physical and emotional pain and suffering. Whether a particular social media post reveals details about a case the plaintiff should only share with his or her lawyer or somehow portrays the victim as suffering less than the claim asserts, the results may be devastating to the outcome of the case.
Plaintiffs should exercise care in how they portray themselves on social media and understand that defense attorneys may ask for access to social media posts in the discovery phase of a lawsuit. While it is usually a good idea to practice social media responsibility all of the time, it can be especially crucial during a personal injury lawsuit.
Should I Be on Social Media While My Lawsuit Is Litigated?
It would probably be wise to refrain from using social media while your personal injury lawsuit is still being litigated. Examining social media posts has become a standard practice by defense attorneys during discovery (the exchange of information and documents by both sides in a civil lawsuit).
Following an accident, many personal injury victims will receive well wishes from friends and family via social media like Facebook and Twitter. Some messages or posts may include questions about the accident or the current state of the victim: information defense attorneys may introduce during settlement discussions or even trial.
There are resources personal injury victims can use to receive well wishes and communicate their progress to loved ones. Caringbridge is an online health journal where the sick and injured can essentially create their own website so leave private journal entries and receive well wishes from loved ones. While injury victims should practice caution on health journal websites just as they would on any other social media website, friends and relatives can be directed to these websites to receive centralized updates from the injured victim.
Personal Injury Lawyers in Orlando
If you or a loved one were injured, hiring an Orlando personal injury lawyer can help ensure you receive the compensation you need to help make you and your family whole again. Personal injury lawyers can advise their clients on the best social media practices following an accident or serious injury. Strict time limits apply in Orlando, Florida personal injury lawsuits so protect your legal rights and speak to an attorney at your earliest convenience.