How Social Media Impacts Your Arizona Personal Injury Claim
How Social Media Impacts Your Personal Injury Claim – this is one of the most important subject for all kind of personal injury law related people. So you have not know more and in depth about this, you should not quite or leave this article without knowing perfectly about this topic.
Your privacy settings won’t protect you. Your attempts to be ultra-careful about what you say won’t help you. If you post on social media while your personal injury case is on-going, you’re putting your claim at risk.
Social media posts have become evidence in countless cases over the years, and these posts rarely help plaintiffs win. They usually become useful for the defense.
Social Posts Can Contradict Claims
It’s important to understand that you can contradict claims even when you’re acting in good faith. This is because an attorney has to tell a simple story on your behalf. One that’s simpler than real life. Doing so offers the kind of clear narrative that wins cases. Yet because real life is different, it’s easy to do things that contradict that story.
Here’s an example. Your personal injury attorney may be making the claim that you suffer from chronic pain which has led to a loss of enjoyment in your life and an inability to engage in work or hobbies. In reality, chronic pain is a very complex issue. You have good days and bad days. Nobody with chronic pain winds up flat on their back 24/7, even though that’s what people assume and to an extent want to see.
At some point you might have a good day and then choose that day to socialize with friends. Maybe you go for a nice, low-key walk. You can only manage 20 minutes, but you have a great time. You post, “Strolling around with friends on this beautiful day.” Low-key, right? Nothing anybody can take exception to.
Until, of course, the defendant’s attorney uses that post to “prove” you don’t really have chronic pain and that you haven’t lost any quality of life. You may be in bed in agony 6 days out of 7, but they’ll find a way to begrudge you that 7th day where you actually get to have a little relief.
The next thing you know the defense is digging in on reducing your pain and suffering multiplier or pushes the matter all the way to trial where they know an Arizona jury will take a dim view of seeing you happily walking along when you’re in the courtroom trying to “get money.” They’ll interpret this to mean that you’re exaggerating or faking your injuries, which can be the kiss of death for your case.
Family and Friends Can Create Problems
Even when you’re smart about what you post friends and family members aren’t, always, nor are they always smart about their comments. This is especially true if you choose to talk about your case.
Imagine what it might do to the defense’s stance if your Mom jumps on Facebook and posts, “I hope you take those bastards for everything they’re worth!” That might be a valid thing to think and feel, but it colors the way your interactions will proceed moving forward. Again, it can also show up in court later, as evidence that your suit is motivated by vindictiveness or opportunism instead of an honest need to recover funds.
Total Abstention is The Best Policy
For the 18 to 24 months it takes to resolve your case, you should absolutely consider staying off social media altogether. You should also ask your family friends to refrain from posting any photos that include you, avoid “tagging you” in their posts, and avoid talking about you in any way.
Remember, the defense can subpoena your social media records if they make a case that there’s something probative to be found there. Don’t give them ammunition. There will be time enough to post when you’ve deposited your settlement check.