Social media is everywhere. Do you know anyone that doesn’t have a Facebook account? If you happen to know that ONE person who is not on Facebook, then odds they are one of these: LinkedIn, Google+, Instagram, Flickr, Snapchat, Twitter, Pinterest, and the list goes on.
Most people believe that if they set their setting to “private” that they have thus created an expectation of privacy. This is just not so. In fact, the courts have decided that anything, with certain exceptions, that you put on these social media sites could be discoverable. Discoverable means that in a lawsuit you can be compelled to provide to the other side any and all photographs, videos, posts, comments, etc. that have any bearing on the case. This includes anything that someone else posts and “tags” you in it.
Now, you may be thinking to yourself, “Who cares?” “I don’t have anything to hide!” But what about this scenario, you are in a car accident and claim injuries that include some memory loss. You file a lawsuit. In the midst of the lawsuit, you post a picture of you holding a test where you received an “A.” The defense will more likely than not try to use that test against you stating “How can she say that she is having memory problems yet got a superior grade?” However, the defense doesn’t know that you studied twice as long as you would normally have to, you were allowed to take notes into the test and were given extra time to take the exam.
Let’s use another example of a client of ours who lost the lower half of one of her legs. She received a prosthetic leg and proceeded to try to live her life to the fullest despite her handicap. The defense set up surveillance and “caught her” riding motorcycles and jet skis and rather than commending her for overcoming such a tragedy, the defense attempted to use that against her. Now, that was before social media became what it is today. But the premise is still the same. If she had posted pictures of her doing these activities, the defenses certainly would have requested copies and they more likely than not would be allowed to get those copies. Please be careful of what you post because once you put something on the net, it is there. You cannot get rid of it. So think twice before you do.
We Don’t Always Tell the Whole Truth on Social Media
We tend to portray our “best lives” on social media and often this means fudging the truth a little bit. If you post on social media and tell a version of events that is even slightly off from the truth, it can be used against you later.
Posts and Photos Can Be Misinterpreted
Few people pay attention to the full context of social media posts and yours can be interpreted in different ways. For example, if you claim that you are seriously injured and in pain and then you change a profile picture to you on vacation or even having a good time with friends, it can be alleged that your injuries are not as serious as you claim.
Even Deleted Material Can Be Used Against You
Even if you later regret a post and delete it, it will be kept in the cloud and can be accessible by an adverse party in a legal claim to be used as evidence against you. Therefore, it is always best to refrain from posting in the first place.
Call an Ocala Auto Accident Attorney for a Free Consultation
An important role of an attorney after a car accident is to advise you of what to do and what not to do to ensure that you have the strongest case possible. The Ocala car accident attorneys at Meldon Law will guide you through every step of your case and will always strive for the maximum amount of compensation possible for you. If you would like to learn more about how we can assist you, call us today at 800-373-8000.
