And traumatic event like being in an accident is definitely status worthy, and bound to start a flurry of concerned comments and well wishes. It’s an interesting piece of news to share; something you want your friends and family to know about.
However, it’s important to consider carefully how what you say online may be perceived in situations where a personal injury lawsuit has been or may be filed. Social media posts are viewed by more than just the people on your friends list: they can be used for more than just conversation starters, even working against you in a court of law.
After the Lawsuit
Once you file a personal injury lawsuit, discovery begins and all available information can be quoted and used by the other side in support of refusing your claim. Claimants are sent formal questions in writing which request information that will be considered admissible in court. In addition to the documents that must be delivered, defendants are now asked about social media sites they use, and lawyers on both sides explore Facebook, Twitter, and other social media platforms for statements you have made that may affect the outcome of your claim.
The reasoning behind the inclusion of this information is that once comments or pictures are posted online, that information is no longer private or protected by any attorney/client privilege.
While the debate will continue regarding what each party is obligated or allowed to disclose, you should use caution when referring to anything that could have bearing on your case. Hesitate before posting status updates like:
“Back to work today and feeling good!”
“I was in a car accident today, glad I’m okay.”
“It’s Friday and all is well with the world.”
Even simple statements referencing how you are feeling or discussing the events related to the incident can come up later in court proceedings. Statements indicating you are well could negatively impact the results of your personal injury lawsuits, whether they accurately represent your overall health or not.
The Simon Law Group can help you explore your options and groom your social media standing to ensure a fair assessment of your health and the validity of your claim. Don’t let a simple Facebook post undermine you actual condition in Arizona—seek advice from a professional personal injury lawyer in Phoenix.]]>