How Social Media Can Negatively Impact Your Case

Do you remember reading George Orwell’s novel 1984 in your English Literature class in high school? You probably thought, “How is this going to affect me later in life other than passing the test in this class?”

Then social media platforms became a part of our everyday lives.

While the United States is by no means Big Brother, far too many people overshare and sometimes exaggerate information on social media. Amazingly, people will share things with the world on social media that they would not share if they were involved in a face-to-face conversation.

People share how they are feeling, where they are at, what they are doing, even what they are eating. It is no wonder that social media posts have become a minefield of information that is gathered, reviewed, and used by the legal community.

Social Media Do’s and Don’ts

Though the internet is filled with deception, and social media is no exception, many courts accept the information gathered from social media posts as evidence, taking the stance that there is no reasonable expectation of privacy when you post to social media sites. The name itself is “social.” We recommend that you treat everything you post as discoverable.

When involved in a lawsuit, the general rule of thumb is not to discuss your case with anyone except your attorney. This is true with social media posts too. Because of the possibility of your posts negatively impacting your case, Maples, Nix, & Diesselhorst will discuss with you some do’s and don’ts regarding how you post to your social media sites during our representation. Our discussion with you might include topics such as:

  • Accepting new friends or followers
  • Setting your accounts to private
  • Deleting posts
  • Changing passwords
  • Monitoring photos on your social media and what photos you are tagged in
  • Asking friends and family not to tag you in posts that could be detrimental to your case. For example, on a time hop, your activity could be misunderstood as a recent venture, instead of a trip you took prior to your injury
  • Not speaking about your pending case with anyone online, even if it’s with friends and family.
  • Thinking about the impact of the information you share. Who are you sharing it with? Could there be a misunderstanding?

Some people may think this is overkill, but the right legal guidance can be invaluable to the outcome of your case. Contact the experienced personal injury attorneys at Maples, Nix, & Diesselhorst for a free consultation. We stand with you.

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