Should I Post Details About a Personal Injury to Social Media Platforms?
Anytime something major happens in our lives, the vast majority of us now reach to social media to talk about it. Try as we might to resist the pull of being connected through various types of apps, the reality is that most of us are connected and, dare we say, addicted to various aspects of the social media realm. Be it Facebook, Instagram, TikTok, Twitter, Snapchat, or another type of social media platform, clicking those little icons is like second nature for so many people.
However, if you have been injured due to the careless or negligent actions of someone else, clicking on social media apps may be the last thing that you want to do. Here, we want to discuss why using social media to talk about your injury could be a major mistake and jeopardize your ability to recover compensation from the at-fault party.
How Can Details on Social Media Hurt My Case?
There are numerous ways in which social media posts can harm a personal injury claim that you may be involved in. Some of the most common ways include the following:
- Contradicting your testimony. Individuals may end up saying something on social media that contradicts what they said in their official statements regarding the incident and their injury. For example, a person is claiming to have a severely sprained wrist, but they post on social media about playing baseball, they will likely certainly be questioned about the extent of their injuries. Anytime a person has an injury claim, it is important to be completely honest about their injuries and losses. Contradictory social media posts can completely derail the case.
- Check-ins that show your activity. There are various types of apps that allow you to list your location along with the posts that you are making. If you are making a bunch of posts in various locations, this could show that you are certainly mobile. If part of your injury claim is that your mobility has been limited, it is certainly not a good idea to check in at your local gym.
- Showing what you are capable of. Social media posts, including written posts, videos, and photos, can all show what you are physically capable of doing after an accident and a supposed injury. A picture of you shooting hoops or swimming in the ocean on vacation could represent contradictory information to statements you have made.
- Friends and family comments. Comments by friends and family members could also be used against you. This includes comments that they make on your social media posts about the incident and injuries as well as any post that they make themselves. Even if your social media posts are completely not visible to the outside public, your friends and family members could snap photos of you carrying out certain activities that could contradict your testimony about your injuries.
Are Social Media Posts Admissible in Kentucky?
In the vast majority of situations, we will find that social media posts will be admissible in court. This includes posts used in a person’s defense or their prosecution. So long as a social media post is obtained legally and ethically, it will certainly be admissible in court. This means that no privacy laws can be broken to obtain the information.
However, individuals involved in personal injury cases need to understand that no matter how stringent their privacy settings, there is almost always a way for other individuals to view what they post. Even though a person may have the highest privacy settings on their social media accounts, they can be accidentally exposed by friends and family members who comment on posts or repost original posts.