Social media platforms like Facebook, Twitter and Instagram have become common outlets for our thoughts and feelings. People often use them to post about life events and keep their social circles updated on their lives. However, if you have suffered from an injury during a construction accident, posting about the accident may hamper your chances of receiving injury payment. In New York City, you have a limited time period to file and recover payments for construction-related injuries.
Social Media Posts Can Be Used Against You
Social media and construction accidents or social media and personal injury claims do not go hand in hand. It might be tempting to post about your accident and injury on social media, but it can be used by the defense counsel against you.
It is common for courts to admit social media posts as credible evidence. For instance, in the case of Romano v. Steelcase, the victim claimed that her injuries prevented her from leaving her house and socializing with her friends which led to great emotional distress. But, the defense used her social media posts to show her socializing with friends during that period. This was used to convince the jury that her injury was not as severe as she claimed because she was able to continue her day-to-day activities, unlike what she had claimed. This is just one example of social media and personal injury claims and its pitfalls. If you did post something, notice your construction accident attorney in Long Island or any other neighbourhood.
Ways to Affect Your Construction Accident Claim through Social Media
Victims often want to tell their friends and families about their injury through a common social media post. What you say in this post and the emotions you convey can be used against you in court. Moreover, if you post any pictures of the accident or your injury, they can also be admitted in court as evidence. Defense can frame this in a way that shows that either your injury was not severe or that the source of your injury is not the construction site. Often, comments by friends and family can also complicate the picture. Here are some ways in which your posts can be used against you.
Examples Of How it Can Hurt Your Case
- Posts of negative behaviors such as consuming alcohol, photos captured while driving, or a high-risk activity can be used to show that the victim played a role in causing the accident.
- An accident victim’s posts showing posing happily for pictures in various places and social settings can be used against them if they are claiming the loss of enjoyment of life or pain and suffering who
- An accident victim claiming incapacitating injuries who posts videos of physical activities such as dancing, hiking, or bowling will face strong defense against their claims due to such posts.
- If a victim is pursuing lost wages or loss of earning capacity but is complaining about their job, showing off a DIY home improvement project, or sharing affiliate links for online work-from-home websites on social media might face trouble in court.
- A victim who is posting expensive plans for the near future (making a large purchase, taking a vacation, etc.) on their social media might be questioned about their claim of loss in finances.
- A victim whose settlement agreement contains a confidentiality provision can face a penalty for announcing the settlement on social media.
Social Media Tips After a Personal Injury Accident
If you have been in a personal injury accident and wondering what you can and cannot post on your social media, here are some guidelines for you. You should always talk to your attorney before making any decision. However, the general advice is to not post about the case on your social media accounts as it can be used as evidence. You should also avoid talking about your injury and medical diagnosis. Often, the severity of an injury is questioned in court. More severe injuries can get more in damages; therefore, the defense will use everything to show that your injury is not as severe. Lastly, you should not refer to any conversation with your attorney or with insurance companies during this time. You should also avoid posting regularly and sharing your content with the entire world.
What Should You Do?
If you have been in a construction accident avoid posting about your case on social media before seeking expert advice. Your posts might be helpful for keeping friends and family in the loop but can be used against you in court.
Avoid Any Actions Before Consulting with Attorney
Anything you post can become viral. Whether it’s a tweet or an Instagram post. If an accident was mentioned by local news it will not be used against you in your case. However, if your social posts hint that your injury was not serious, or if you use it to blame someone in particular for your injury, it can be used by the defense counsel.
