There is no question that social media—Facebook, Twitter, Instagram, Pinterest, Snapchat, and others—has taken over the way we now communicate as a culture. While we it may be a great way to tell our friends about how we spent our holiday or what our children have accomplished, reckless or thoughtless posts on social media can be devastating to a personal injury case. I have seen many cases where a plaintiff’s seemingly innocent post ended up being turned around against them by creative defense counsel in the courtroom. I usually tell my clients to delete all of their social media profiles after an accident, lest they come back to haunt you later.
If you or a loved one has been injured in an accident, you will need to have experienced counsel help you attain your fair share of compensation for their death. Barrett Law has the experience to help you—contact us now at (601) 790-1505.
How Social Media Can Come Back to Haunt Your Personal Injury Case
You have likely heard the Miranda warning on any law enforcement TV show, “you have the right to remain silent, anything you say can and will be used against you in a court of law….” While that warning is only given in criminal cases, I like to reiterate that it applies in personal injury cases as well. Everything a person says on social media can be attained by defense counsel and will likely be construed in a way that hurts a person’s personal injury case. Posts to social media will be taken as your most thoughtful and honest musings, which is rarely how anyone intends them to be taken. Below I describe how different types of posts can harm your case.
Not Looking Injured or Contradicting Medical Claims—almost everyone who has been injured in an accident has good and bad days. Imagine you injured your back in a car accident and have been out of work for months as a result. If you post a poolside picture of yourself lounging in a floating pool chair, you are unlikely to get much sympathy from a defendant’s attorney. The thing is, that picture does not show the pain you are experiencing at that moment or the fact that you had to take strong pain pills to enjoy a day in the sun with your family. Instead, you will be portrayed as someone trying to take advantage of the system and receive a windfall instead of compensation for injuries that may take a lifetime to heal.
Apologies—it is polite to apologize when we are involved in an accident or in any way cause someone harm. However, posting apologetic sentiments on social media can be misconstrued as an admission of guilt when they were only intended to be an expression of remorse that an unfortunate incident occurred. A kind-hearted apology will likely be misconstrued as an acceptance of fault.
Rants—there is a lot cause a person frustration after an accident. Insurance companies, hospitals, and medical providers rarely work as efficiently as we would want them to. However, if you angrily complain about these folks on social media, it is often misconstrued as greed and vindictiveness, two qualities that can dramatically reduce the amount of compensation you receive.
What Should You Do If You or a Loved One Has Been Injured?
As I have explained above, there is a wide variety of ways in which careless social media posts can destroy your legitimate changes of recovering your fair share of compensation after an injury or accident. Rather than try to navigate the legal pitfalls that await you after your accident, focus on your healing and rehabilitation. Allow a trusted Mississippi personal injury attorney take care of gathering evidence, responding to opposing counsel, and preparing your case. The only way to receive the compensation you deserve is to attain experience personal injury counsel immediately after an accident.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered a serious injury. Contact us now at (601) 790-1505. Our Mississippi Personal Injury Attorney looks forward to making a difference for you.
