The majority of adults in the U.S. use some form of social media. With over 200 platforms, there is a platform for everyone. If you have an active presence on social media, you may have to take a step back during your personal injury case.
According to the American Bar Association, courts may allow the discovery of social media information.
What type of information does the defendant gather?
You may not think that there is relevant information on your social media. However, the defendant may be creative with what he or she uses your information for. For example, if you suffered a back injury but post about hiking and strenuous physical activity, the defendant may use it against you.
Private and public posts may also indicate your mental state. Something as simple as an apology for an accident can ruin your case.
How can you protect your social media?
The best way to protect your case is to limit how much you post on social media. You may want to consider taking a break to prevent saying anything that may harm your claim. Do not delete your social media posts if the defendant still has copied or can still access them. Make all of your accounts private so insurance adjusters cannot see your public profile.
Every person who uses social media has a lot of data on his or her preferred social media platform. When it comes to a personal injury case, the defendant can use anything you post against you. Keep in mind that insurance adjusters and defendants may be creative with how they spin your words.