Dangers of Social Media to a Kansas City Personal Injury Case
Social media is a significant part of our lives. Most people have at least one social media account. Many people have multiple accounts that they use to share information about their daily activities and personal life. Unfortunately, after a car accident in Kansas or Missouri, the use of social media can jeopardize your case.
If you were involved in an automobile accident in Missouri or Kansas, talk with our Kansas City car accident lawyer as soon as possible. You can call 816-203-0143 for a free, confidential consultation. Our lawyer provides helpful information that can help you avoid mistakes that may hurt your case, including why you should avoid using social media after a car crash.
Four Ways Social Media Can Hurt Your Car Accident Case in Kansas & Missouri
Using social media to update friends and family about your recovery seems innocent. Sharing every aspect of our life on social media is something we take for granted. It can be difficult to understand why posting on social media accounts after a car wreck in Kansas City is not in your best interest.
Here are four (4) risks of social media that you need to know before it’s too late.
1. Your Social Media Posts Are Not As Private As You Believe
Nothing you post online is entirely private. Insurance companies have ways of obtaining copies of your social media posts. Even deleted posts, tweets, photos, and comments on social media could come back to haunt you at a personal injury trial.
Insurance company investigators and adjusters are skilled at digging up information the company can use to deny your claim or undervalue your claim. Some adjusters may “follow” or “friend” you to gather information. They may do the same with your friends and family members on social media.
Regardless of your security settings, your social media posts could be discovered. In some cases, defense lawyers have obtained subpoenas from the court forcing accident victims to turn over their social media account information.
2. Social Media Posts Can Be Misconstrued
Regardless of whether you case is brought in Kansas or Missouri, a jury will likely hear your case if it goes to trial. Jurors could misunderstand the statements and photos you post online. For example, if a friend asks how you are doing and you respond that you are fine or okay, a defense lawyer will argue that you must be exaggerating your claims of injury because you clearly stated that you were okay and fine. Jurors may not consider that you were trying to remain positive or you did not want to discuss the severity of your injuries online.
Another example would be stating that you wrecked your car or you are sorry because other people were injured. Statements like these could be construed as admissions of fault, which could severely reduce the money you recover for an injury claim. In some cases, these statements could result in a ruling for the defense.
Photos are another problem of using social media during an accident case. You could post a picture of you smiling at your niece’s swimming pool party. That one photo could be very damaging if a jury believes you were well enough to “party,” but you claim you could not work.
It does not matter that you were only at the party for a few minutes and were putting on a brave face because you were in severe pain. The jury will only see a smiling, happy face in the photograph.
3. Anything You Say Could Be Used Against You
Many of us use our social media accounts to air a variety of grievances. If you complain about the car crash, anything you say could be used in court against you. A defense lawyer may use the information you post to prove inconsistencies with your statements or testimony. It does not matter that you were under the influence of pain medication or you were under extreme stress after the accident.
4. Tagged Posts Can Also Be a Problem
You do not need to have anything to do with the post for a social media post to cause a problem in your personal injury case. Family and friends who tag you in posts could cause problems. They may believe they are supportive, but they could actually hurt your case by making certain statements.
Tips for Social Media Usage After a Car Accident in Kansas & Missouri
The best way to avoid problems with social media accounts after a car crash is simple: stop using the accounts until your case is resolved. Talk with your lawyer about whether you should deactivate your account. You may not want to delete the account because it could appear you are hiding something.
If you choose to use social media during your personal injury case, remember these essential tips:
- Never post photographs or videos
- Never discuss your accident, health, or recovery
- Do not express your emotions about the accident or your injuries
- Do not make posts related to your current life, including your daily struggle to recover from your accident injuries
- Disable tagging and comments on all social media accounts
- Do not accept new friend requests or join new groups
- Disable check-ins for all social media accounts
- Set security levels to the highest settings on all accounts
- Do not post anything that is public or can be seen by “friends of friends”
- Do not discuss what you do each day or what you wish you could do
If you have questions or concerns, talk with your Kansas City personal injury attorney as soon as possible.
Contact Our Car Accident Attorney in Kansas City, MO for Help
At the Law Office of Kevin J. McManus, we help those injured in Missouri and Kansas receive the compensation they deserve after an accident. Schedule your free consultation with our personal injury lawyer in Kansas City by calling 816-203-0143 or completing our online contact form.