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Bagen Law Blog

Can Your Social Media Posts be Used in a Personal Injury Case?

Posted by Steven A. Bagen

Jan 17, 2013 2:23:00 PM

Many people forget that what is put out on social media sites is public. These posts can be used in any type of court case, so being aware of what you put out there is vital.

Social media has transformed the world. Facebook, Twitter, G+, YouTube and many other sites make it simple and easy for us to communicate with family and friends, and to form new connections with other people as well. However, it can be easy to forget that once something is posted on these sites, it’s out there forever. There’s no real way to take it back. What’s more, they can also be used against you in a court of law, in your personal injury case.

Shutting It Down

One of the most important things for anyone involved in a personal injury case to do is to shut down their social media accounts. While this is not necessarily “required”, many lawyers do request that their clients do so to ensure that they do not inadvertently post something that could be used against them in court.

Give Your Lawyer Access

If you’re being represented by a law firm in a personal injury case, you should be prepared for your lawyer to request access to your social media accounts (if you do not close them completely). This allows your attorney to monitor your posts and the information that you make public, and can help to mitigate the potential damage from posts that should never have been made in the first place.

What Can Be Used Against You?

For those involved in a personal injury case, the social media situation can be confusing. What can be used against you here? Actually, a wide range of information can be used in your case, and can even damage it to the point that you lose or your case is thrown out. Remember that the opposing attorney will be looking for ways to discredit you, and your posts can give them the means to do just that. This has become a common practice, and anything that amounts to an admission or a circumstance that mitigates your case can be used to your detriment.

What Should You Do?

The first step is to speak with your lawyer about your social media accounts. Ask his or her opinion of what should be done with your accounts, and give them your login information as well.

Topics: Personal Injury, Personal Injury Attorney(s), Personal Injury Law