Dallas Personal Injury Lawyer, Tim O’Hare
You’ve been injured in a car accident and have made a personal injury claim for economic and non-economic damages you’ve suffered as a result of the accident. You believe the accident has limited your quality and enjoyment of life and prohibits you from participating in activities you once loved.
One problem. Recent posts you’ve made to your Facebook, Instagram, Snapchat or other social media platforms suggest otherwise.
Could your social media activity prevent you from winning your personal injury lawsuit? It could. And it has.
Consider, for example, the Canadian case where social media was used as evidence of the plaintiff’s emotional state. Fortini Kourtesis made a personal injury claim against a man who rear-ended her vehicle as she drove to work. She was 18 at the time of the accident and claimed the wreck resulted in her suffering chronic pain and loss of enjoyment of life. She could no longer dance or do other activities with her family she onced loved. The defense raised up a photo of her dancing post-accident and the judge ruled against her, claiming the photo was evidence that she “enjoys life.”
Since its inception, social media has been used as evidence in court cases for everything from personal injury and drunk driving to assault and murder. In fact, it’s almost standard procedure if you’re involved in a lawsuit for the other party to request all of your social media activity from a specified period of time. While some judges may not allow social media activity as evidence, many do. So how can you protect yourself?
First, consider that anything you post on social media after your accident may damage your claim, even if you believe it to be harmless. If you’ve been involved in an accident and are pursuing a personal injury lawsuit, temporarily suspend your social media activity on all platforms. At the very least, ensure your accounts are set to private. Ask friends and family members to refrain from posting anything about you, including photos or text, after your accident and request that they also set their profiles to private. If someone does post about your situation, do not respond.
Any post, no matter how small, could be used to counter your claims of physical, emotional or mental suffering after an accident. Be aware of what you post online, and avoid posting any photos or videos of you and/or your vehicle post accident. Scour past posts and remove anything that could hurt your claim or anything you wouldn’t want the whole world to see should your social media accounts be entered as evidence.
If you’ve been involved in a car accident or injured on the job, you want one of Dallas’ best personal injury lawyers on your side. Contact The Law Offices of Tim O’Hare today. Mr. O’Hare has been named one of the Best Lawyers in Dallas by DMagazine for 4 consecutive years. We are committed to doing everything in our power to ensure our clients receive all they are due following an accident or injury.
Call The Law Offices of Tim O’Hare for your FREE Case Evaluation
972-960-0000 or Toll-Free 888-960-0020