Social media is an integral part of the lives of most Californians. Those coming of age now as digital natives cannot remember a time before they shared the most mundane details of their lives with all their followers.
There are definite pros and cons to our fascination with (and even addiction to) social media. But there is one time that it is always prudent to either “go dark” online or, at the least, severely curtail your online updates.
How social media posts get used against you
There are many different ways that your social media posts, photos and tags by others in videos they post can knock hundreds or even thousands of dollars off any settlement or judgment amount in your personal injury claim, usually by diminishing your pain and suffering claims.
While some accident and injury damage calculations are straightforward and simple to assess, others, e.g., pain and suffering, are much more subjective and complex to quantify. These claims typically get pored over by defense counsel looking for ways to lower settlement offers and court judgments.
While it might have taken you all day to gather the strength to attend a dear friend’s birthday celebration (and another two to recover from participating), all the judge or jury will see is you living it up at the club while drinking and dancing.
Part of your claim might rest on the fact that your injuries from the auto accident reduced the quality of life you formerly enjoyed. Seeing you at the helm of a boat out on the lake or river could be misinterpreted. You might be sitting there because it is the most comfortable spot on the boat, but the defense will skew it so it appears as if you were in control of the boat launching and operation out on the water.
If in doubt, never post it
It really cannot be stressed enough that you should limit your social media posts during the pendency of your personal injury claim. If you are ever in doubt about posting something online, ask the opinion of the attorney litigating your personal injury claim.