In this day and age, social media plays a huge role in our day to day interactions. Your online profiles on Facebook, Twitter, Instagram and other social media platforms are often seen as a virtual representation of you, your beliefs and attitude towards others around you. In fact, a tweet or a post gone awry can often lead to a lot of problems.
With celebrities and even presidents coming under hot water for their social media activity, it goes without saying that your social media accounts can prove to be detrimental for you, especially if you’re involved in a personal injury case.
Personal injury cases can be rather tricky, especially when the damages sought are rather substantial, as a personal injury lawyer Delray Beach FL trusts can explain. For this reason, if you are the plaintiff in a personal injury case, you need to be sensitive to the fact that the lawyer representing the other side can use your social media postings against you.
Misinterpretation of Posts
Sometimes, the defendant’s lawyers will try to determine that the fault for the incident lies with the injured party, even when there is evidence that suggests otherwise. When concrete proof is not present, the defendant’s lawyers can use your social media posts to imply that the incident was pre-meditated, showcase that the injured party is at fault, or garner some other piece of information which can be misconstrued.
For Example: If you have filed a personal injury case, are asking for damages due to emotional distress and have a post or two that show that you went to the spa, to the beach or even choose to go for a walk in the woods, the defendant’s lawyers can use the post to show that you are not suffering emotional distress since you are indulging in healthy activities. The fact that you resorted to these activities to alleviate the emotional distress you are feeling will become minor when looked upon in this light.
Similarly, if you were involved in a car accident and are claiming serious physical injuries, a post about the road rage you felt before the incident can also be misconstrued as motive for causing the accident, making it appear pre-meditated. Sure, everyone has bad days but the post will make it appear as if you really wanted to hurt someone that day.
False Pictorial Evidence
The images you post can also be used to weaken your claim for personal injury in court. This can be the most damaging scenario to deal with since it becomes difficult to claim that someone is in pain when they appear so healthy on their pictures online.
For Example: In the Amber Rose and Johnny Depp case, Amber Rose filed for divorce, citing irreconcilable grievances and also claimed that Johnny Depp physically assaulted her, leaving a bruise on her face. However, a day or two after the incident, Amber Rose was pictured at a BBQ cookout with friends, without the bruise and looking extremely happy.
While there is a possibility that she could have used makeup to cover the bruise and might have been genuinely happy in the company of her friends, the picture caused a lot of harm to her case. Even though it was later deleted, it still garnered a lot of questions regarding the truth behind her claims.
Thanks to our friends and contributors from the Law Office of Eric H. Luckman, P.A. for their insight into vicarious liability.