In the world of criminal legal defense, most attorneys recommend that their clients avoid using social media to talk about the case, lest they accidentally say something that puts them at risk of a conviction. While the stakes are different in a civil personal injury lawsuit, the risk of social media being used against you still exists, according to a recent Forbes article.
Social media use has affected a number of high-profile cases in the news recently. For example, a Facebook post about mowing the lawn cost one injured plaintiff a case that focused on his back injuries, after the defense argued that his back couldn’t be injured as badly as he claimed if he could still operate a lawn mower.
Similarly, social media posts are often used to demonstrate that an injured person’s suffering, anguish, or emotional trauma are not as bad as they seemed. In one case, a student sued her school district claiming she was traumatized after the district failed to protect her from sexual harassment by a teacher. At trial, however, the defense used social media posts showing her smiling and socializing with friends as proof that she wasn’t “really” suffering.
Talking about the case on social media, also, can open you up to claims that you are simply “out to get” the defendant, instead of attempting to right a real wrong. While these claims are unfair and often ludicrous, it is better not to mention the case on social media at all than to find yourself having to fight these claims, instead of discussing the real issue of the other party’s negligence and the compensation you deserve for your injuries.
If you’ve been injured in an accident or due to the negligent or intentional misbehavior of someone else, don’t hesitate to contact an experienced Pennsylvania injury lawyer who can help you.