Should I Post Details to Social Media About a Personal Injury Case in New Jersey?
Social media has become a mainstay in the lives of millions of people. If you’re one of them, it is crucial to realize that you should pause your social media activity after you get injured in an accident if you plan on filing a personal injury claim. What you post on social media – especially if it involves details about your accident or injury – can be used against you by an insurance company to avoid paying you a fair amount in financial compensation.
Can My Social Media Posts Be Used Against Me?
Yes. The courts of New Jersey will permit social media content to be admitted as evidence in a personal injury case if it is relevant to the claim being made. This can even include private information, such as things that you post on a private account, direct messages and content you’ve deleted. It is important to be careful what you post in the aftermath of your accident and to never post details about your case. Better yet, stay off of social media sites entirely until your case has been resolved.
An insurance company can twist almost anything you post to social media around to use against you during a personal injury case. A photo of you at dinner with your friends, for example, may appear not to have anything to do with your accident but could be used as evidence against you to prove that you are still enjoying your life after the incident. This could affect any pain and suffering damages you are seeking from the defendant.
As long as the defendant can prove that social media content is relevant to the case at hand, it can be admitted as evidence. Avoid posting status updates, information about your accident or injuries, comments, messages, photographs, videos, and location tags on social media until your case is resolved to protect your legal rights. Tell your friends and family members not to post any photos of you or tag you in anything until your case is over, as well. Do not delete anything that you’ve already posted, as this could be viewed as the destruction of evidence.
What Are Other Options to Vent Besides Social Media?
Social media is frequently used as a place to connect with others. It may be the place you normally go to seek solace, comfort, advice and words of encouragement during tough times in your life – such as after suffering serious injuries in an unexpected accident. It is critical to your case, however, to freeze your social media activity while your personal injury case is pending. Instead of turning to social media, try the following options to vent about your accident:
- Talk to a friend in person. While you shouldn’t share any key details about your case with anyone, you can vent to a friend in person about the pain or inconvenience you’re dealing with because of the accident or injury.
- Journal your feelings in a personal diary. Attorneys encourage the use of an injury journal or pain diary to help victims prove their physical pain and emotional distress. Write down how you’re feeling and what you’re experiencing day-to-day.
- Speak with a mental health professional about your injury or traumatic experience. Visit a mental health professional to talk about your feelings after an accident. This can help you feel better emotionally and document any psychological conditions that you have because of the accident, such as post-traumatic stress disorder.
Social media content will almost certainly be admitted as evidence in court in New Jersey. Protect yourself as much as possible by staying off of social media sites such as Facebook, Twitter, Instagram and TikTok after an accident. Then, contact a personal injury attorney for further advice and assistance with your claim. An attorney can help you build the strongest possible claim to financial compensation.