Social Media & Personal Injury
Dangers of posting on social media:
There are a few pros and cons to using social media. The main benefit is that you are essentially connecting with the entire world. However, the main downfall can also be that you are connected with the entire world. Being connected with friends and family is a huge benefit. Keeping up with friends and family as kids grow up, accomplishments are achieved, and milestones are reached, are things we have never been able to do before. We live in a day and age where you are able to use facetime, picture sharing, etc. to stay up to date on loved ones lives that may not live near you. Circling back on that, nothing you post or share is truly private, regardless of privacy settings.
Who is watching your posts:
So, the next question is, who is actually watching what you post? Employers, lawyers, investigators, are just a few types of individuals that are watching what you post or have posted, other than family and friends. Things that can get you in trouble might not be something you posted yesterday. A picture or comment from a few years ago could be easily saved to be used against you. Investigators in a drunk driving case, or workers comp claim might check out your page to see a couple things. First, they will likely see if you are posting pictures from the bar every weekend. Second, if you are in a worker’s comp case but are photographed doing some physical activities, your claim may be nullified.
Here are some instances in which you should think twice about posting:
For example, if you were just in an auto accident but want to alert people on Facebook that you are safe and okay… this could come back to haunt you during a deposition. You might want to put together a group text rather than putting something on social media that you are okay. The reason for this is, you may not experience any physical injuries until a day or two after the accident and do not want to look as if you are faking injuries to reap the insurance benefits.
If you are thinking of posting something and not sure whether or not to do so, think about how that comment or picture may affect others. Is it something that could rub people the wrong way? Is it a picture that could portray you in a bad way or could come back to haunt you in a legal situation? A general rule of thumb is, if you wouldn’t say or show something in a stadium full of people, you probably should not be posting!
Check out our roundtable discussion of this topic –