Social media has permeated almost every aspect of our lives. It’s a great way to stay connected to family and friends and update them on your life events.
However, if you are involved in a personal injury claim, you may want to reconsider what you’re sharing and who you’re sharing it with.
The Stored Communications Act provides some protection
The Stored Communication Act of 1986 controls how your information is disclosed and offers some protection against unlawful access of stored communications on digital platforms. In other words, Facebook, Instagram or X can’t release your communications without authorization.
But, it doesn’t protect information accessible to the general public, so defense attorneys can view what you post if you don’t have any privacy settings on your social media accounts. Here are some of the things they typically look for:
- Posts, photos or videos that contradict the injuries you claimed. Not only do they look at your posts, but they also search for public comments and anything your family and friends may share about you.
- If there are discrepancies in the timeline of events that you provided.
- If you claim emotional distress, but your posts show you enjoying life.
Here are some steps you can take to ensure your online activity doesn’t impact your case:
- Set your profiles to private. However, remember that nothing you post is truly private. Friends may share what you post, making it discoverable to the opposite side.
- Avoid posting anything about your accident, injuries or recovery.
- Don’t accept new friend requests, especially from people you don’t know. It could be someone associated with the opposite side trying to gain access to your posts.
- Ask your friends and family not to share anything about your case.
- Consider taking a break from social media.
When it comes to social media and personal injury claims, it’s always better to be safe than sorry. What may seem like a harmless post could derail your personal injury claim.
