By Pierce Blitch
The Digital Double-Edged Sword
Today, our smartphones are like powerful mini-computers, much more advanced than the ones that guided the Apollo moon missions. But with this power comes risk, especially when it comes to social media. We see it in the news all the time—careless social media posts destroying careers and reputations. For those involved in litigation, both plaintiffs and defendants, careless social media use can be a real hazard. It’s crucial that clients understand the ramifications of their social media posts and how they can impact their lawsuit.
The Danger of Oversharing
In our world, many people, especially the younger crowd, don’t think twice about sharing their lives online. However, insurance companies, investigators, and defense attorneys are always looking for this information. Careless social media use can become a kind of self-surveillance, offering the other side a treasure trove of information.
Details from social media can be twisted to embarrass or discredit you. They can be used to suggest you’re exaggerating your injury or that something else caused it. Even innocent jokes between friends can convince judges and juries that a plaintiff is not being honest.
Ten Tips to Avoid Social Media Pitfalls
Here are ten precautions to avoid self-inflicted wounds through the use of social media platforms like Facebook, Twitter, and Instagram:
- Archive Your Content Preserve the content of your current social media accounts. Destroying potential evidence can create bigger problems. Most social media sites offer directions for archiving content. We have staff to help clients archive correctly.
- Deactivate or Stop Using Social Media If you’re a plaintiff in a personal injury case, consider deactivating your social media accounts. If you can’t deactivate, archive your content, then remove any posts related to your injury or activities and avoid future posts.
- Maximize Privacy Settings If you must use social media, set your privacy settings to the highest level. Ensure only actual friends see your information, not friends of friends or the public. Use Facebook’s “View As” feature to check what others can see.
- Beware of “Friends” Edit your friend lists so only trusted friends can see your posts. Remove friends you don’t know well or at all and accept friend requests only from people you trust.
- Become Invisible Remove yourself from Facebook search results by selecting “only friends” under “search visibility.” Also, uncheck the box for “Public Search Listing” in your Internet privacy settings. Make similar changes to all your social media accounts.
- Remove Photos After archiving, remove and un-tag all photos of yourself that aren’t simple headshots.
- Be Cautious Assume anything you write on social media could be seen by defense lawyers, judges, and juries. Consider how posts might be perceived out of context.
- Preserve Your Devices Don’t lose or destroy electronic devices. Opposing counsel could argue you did so to destroy evidence. It’s better to fight for access to your devices than to have a judge assume you had something to hide.
- Avoid Case Discussions Don’t send messages about your case, health, or activities to anyone except your lawyers. Careless messages can ruin a case.
- Stay Off Public Forums Don’t post on dating, insurance websites, message boards, or social media groups about your case. Anything posted online is searchable and can be used against you.
Think Before You Post
In the age of social media, it’s vital to be mindful of what you share online, especially if you’re involved in litigation. Follow these tips to protect yourself from digital pitfalls that could hurt your case.
CALL THE Blitch Law Firm ATTORNEYS AT LAW TODAY TO DISCUSS YOUR PERSONAL INJURY CASE
We fight for you, and we don’t back down. Every personal injury case has potentially life-altering consequences. We don’t hold back on providing our clients the best possible representation. At The Blitch Law Firm, we understand the physical, emotional, and financial toll a personal injury case can take. If you, a family member, or a close friend has been injured due to someone else’s negligence, contact The Blitch Law Firm today at 706-434-8770 or visit us at 7004 Evans Town Center Blvd., Third Floor, Evans, Georgia 30809 to discuss your unique case and our dedicated personal injury strategies with one of our compassionate and experienced attorneys.
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