Most people are aware that whatever they say when arrested can be used against them in a criminal case. However, when it comes to other types of legal actions, people often forget that their words and behavior outside of the courtroom can also have effects on their litigation. These days, people post their whole lives on social media. While there are benefits to using social media in this way, it is important to remember that people may try to use it against you.
In personal injury cases, defendants, their insurance companies and their attorneys all have an incentive to show the court that you are not injured. They will use any evidence available to them to do so. If you post photos, video or text to social media that implies you are not injured, these posts will likely be used against you at trial.
Even if you truly were injured, photos of you engaging in physical or recreational activity can give a defendant evidence to bolster their argument that your injury is not as serious as you claim or that you are already healed.
Things like posting old photos of you skiing or hiking can still cause trouble because it can be hard to prove that these images are not recent.
In addition to the dangers posed by posting photographs, you can risk your case by saying the wrong thing. Speaking in detail to anyone other than doctors or your injury attorney about the circumstances surrounding your accident or injury can lead to the discovery of details that harm your case. Because personal injury law is extremely complex, even seemingly innocuous statements can give the defense ammunition for their case. This concern is amplified on social media where nearly anything you say can be found and preserved by anyone.
If you are in doubt about whether something is safe to post online, speak with the injury attorneys at Ryan Bisher Ryan & Simons. Contact us today to arrange your free initial consultation.