In Georgia, you can file a personal injury claim even if you are partially at fault for the accident. However, you can be prevented from recovering damages if you are more than 50% at fault, and your damages will be reduced by the percentage of fault you are assigned. The opposing counsel may use your social media posts (or that of witnesses, friends, or family members) to maximize your liability by:
- Misinterpreting your posts and/or comments
- Using posts to establish behavioral tendencies (i.e. partying, drinking and driving, etc.) that may suggest you contributed to the accident s
- Making information you share public information that can be submitted to the court
- Providing contradictions to your testimony or statement
- Painting you in a negative light
While you cannot control what witnesses or other people post online, you can exercise caution concerning what you share and post online. Some people take a break from social media altogether during their case; however, that may be challenging for some people. Continuing, we will outline a few tips regarding how to avoid having reckless use of social media cost you during your personal injury case.
Do Not Post on Social Media About the Accident
You do not want to accidentally contradict your previous statements or testimony concerning the accident details, which is why you shouldn’t share accident details online. The opposing counsel may also use your posts as a “jumping-off point” concerning what facets of the accident they should investigate. For instance, if you share that you didn’t even have a chance to stop, they may try to prove that you were speeding or doing something else that limited your ability to brake.
Avoid Posting About Your Injury or Recovery Process
As we’ve mentioned, the opposing counsel may try to twist or misconstrue what you say in your posts. If you post about your injury or recovery, they may try to prove that your injuries are not as severe as you claim.
Avoid Accepting Friend Requests from Strangers
To gain access to your posts, the other party can request that you be required to share certain social media posts (or information with the court). However, they may try to gain access themselves by following you via a fake account.
Do Not Delete Posts Without First Consulting Your Attorney
You don’t want to give the appearance that you are trying to hide anything. Before deleting posts, talk to your attorney. They can advise you of whether you should or shouldn’t delete the content, and with the knowledge of the concerning posts, they can better develop a case strategy. It is also important to note that deleted content can be retrieved in most cases.
Avoid Leaving Your Profile Public
While your posts can be revealed even if your account is private, you should still make your account private for the time being. This level of protection can limit the number of people who may screenshot or share your posts.
Do Not Share Case Details
Whether you want to vent or share about the proceedings, you should avoid posting about it online. The judge will likely not appreciate the details being shared and it is best to allow the proceedings to remain confidential.
Avoid Sharing Details About Outings or Activities You Do
If you post, comment, or “check in” at certain locations, the opposing counsel may try to prove that your injuries are not as bad as you claim. Even if you just went to sit with your friend while they bowled or did yoga, a post about a fun night out can be misconstrued. You should also avoid sharing photos or videos of you doing physical activities for the same reason.
Get Legal Help
Our attorneys can advise you of your rights as well as the best social media practices during your case, and we can work tirelessly to gather evidence and develop a case strategy that minimizes your liability and maximizes your compensation. We handle a variety of personal injury cases, including:
- Car accidents
- Truck accidents
- Motorcycle crashes
- Bicycle accidents
- Pedestrian accidents
- Defect products
- Medical malpractice claims
- Premises liability claims
- Wrongful death suits
At Balbo & Gregg, Attorneys at Law, PC, our attorneys have over 40 years of combined legal experience. To speak with a member of our team about your case, call (866) 580-3089 or contact us online.