Every so often, our NOLA accident attorneys like to remind our clients and other accident victims that the use of social media after a car accident could harm their injury claims. It bears repeating — what you post online is not private. Regardless of your security settings on your social media platforms, the information you post online may be public. In a court case, the defense could gain court approval to access your social media posts.
Defense Attorneys and Insurance Companies Love Social Media
If there is evidence that could undermine your injury claim, you can count on a defense attorney or insurance company to use it. Messages to friends, selfies, updates, and posts about your accident could all become evidence in a personal injury case.
Unfortunately, information posted on social media could be misunderstood. A talented defense attorney could use a selfie of you and your niece at her birthday party to argue that you could not have been in severe pain as you claim if you were able to attend a birthday party at a bowling alley. How could you bowl when you have a severe back injury? It does not matter that you were in severe pain and did not bowl. If a defense attorney can raise doubt, that may be all that is needed for one jury member to rule in favor of the defense.
Privacy is Not Always Guaranteed
Your privacy online is not always guaranteed. The safest option is to stop using social media accounts or posting anything online until your personal injury case is complete. Also, avoid using email, texts, or other electronic means to discuss your accident, injuries, recovery, or injury case. Consider any statement that you generate or photo that you post as potential evidence in a personal injury lawsuit.
We understand that some people will choose to continue using social media during their accident case.
If you choose to use social media, some things to keep in mind include:
- Do not accept friend requests or add anyone to your accounts that you do not personally know.
- Do not post photos of yourself. Change security settings to prohibit anyone from tagging you in photographs or posts.
- Do not discuss your accident, injuries, or personal injury case online.
- Set all security settings to the highest levels. Remove the option to allow people to search for you by name, telephone number, email address, or other personal information.
- Set all social media accounts to private. Do not post any information that can be shared with the public or individuals that are not on your friend list.
- Do not discuss your medical treatment, physical activity, travel, or other activities online.
- Assume that everything you post and everything digital can be discovered.
We encourage you to discuss the risks of using social media with your New Orleans car accident attorney before deciding whether to continue posting information online during your injury case.
Contact a New Orleans Car Accident Attorney for Help
Contact Attorney Fred Olinde and the injury attorneys of The Olinde Firm to discuss your car accident. Call our office at (504) 587-1440 or 1-800-587-1889 to schedule a free consultation with an experienced New Orleans car accident lawyer.