If you’re involved in a personal injury lawsuit, the people you connect with on social networking sites can seem like a good outlet for your problems. But be wary. Anything you publish on a social networking site, like Twitter, LinkedIn or Facebook, can be subject to discovery and could poke holes in your case.
Because of the popularity of social networking, it’s very likely that at some point in the investigative or discovery process of your lawsuit, the opposing attorney will check into your social networking accounts to find out what you’re saying. And don’t assume that because you maintain high privacy settings, you’re safe. Privacy settings on sites like Facebook can be very complex and are updated frequently. Even if you’re sure about how your settings affect the public nature of what you share, you don’t know who’s already following you. And if you tend to accept invitations from most people, you don’t know who you may be allowing access to your information after you file. (The jury’s still out on whether or not friending or following someone you’re investigating during the course of a lawsuit is unethical or illegal, so it could happen.)
It may be too much to ask that you stay off your social networks for a while, though if that’s what your lawyer advises, you should consider it carefully before tweeting. But there are some things you can do to protect yourself if you choose to continue to share.
Think Before You Tweet
Think carefully about the language of your status update before posting it. If you’re involved in a personal injury lawsuit, you don’t want to lead opposing counsel to believe you’re not as injured as you claim. Remember, lawyers aren’t trained to look at what you mean; they’re trained to look at what you say. Even something completely innocent could cause your entire case to unravel.
This is also an important piece of advice to remember just after an accident, before you’ve talked to a lawyer. Until you’ve had legal advice, I wouldn’t say anything on any social network at all. You can wait a week or two to protect your case.
Don’t Talk About What You’re Doing
If the injury you have wouldn’t stop you from using a laptop, desktop computer or phone, there’s no reason doing so will affect your case (though keep in mind that sites like Twitter often give clues about exactly what type of device you’re posting from). But if you’re supposed to be on bed rest or taking it easy, a simple post about taking your daughter to the park (even if you were in a wheelchair at the time), could cause problems under certain circumstances.
Use Caution When Posting Photos
Sharing photos with your friends and followers is fun. But use caution if you’re involved in a lawsuit. If a photo shows you “looking too happy,” that can be used against you if part of your case revolves around how miserable your injury has made you (even if it was only a brief moment of fun). Also, posting pre-accident photos can be an issue if it’s not possible to prove the photo was taken prior to the accident.
Ask Friends and Family to Avoid Mentioning You
If a friend or family member posts about you, they could harm you, as well. If they’re scheduled to testify and post on Facebook that they hope the lawyer doesn’t ask you about a particular event, he or she may find that very subject coming up. Even if they aren’t going to testify, anything they post about what they did with you could give clues to opposing counsel about what you’ve been up to (even if it’s easily explained).
Should I Just Stay Away?
It depends on how you use social networking sites. Many lawyers will say you should stay away from social networking during your case. But clients don’t always follow our advice. After all, that could keep you off your favorite social site for a year or more. If you choose to continue with social media, use common sense and caution. And if you’re not 100% sure about a post, just don’t post it.
As noted above, if you’ve recently been involved in an accident, stay away from social sites for a while and call the law offices of Charles A. Gilman LLC at 866.676.7374 for a free consultation.
