How Social Media Postings Can Compromise Your Personal Injury Case

As dedicated personal injury attorneys, we genuinely hate to say, “I told you so,” after unexpected information about our clients is found on the internet and revealed during legal proceedings. Such painful revelations can catch clients by surprise and hurt their chances of winning their cases. And it takes place more often than you might imagine. So instead of reacting after the fact, we’ve decided to offer some important advice now, before your case is damaged or derailed by your very own social media postings. That’s happened to numerous people across Michigan over the past few years. Keep reading to see what we mean, and to learn some privacy tips that might come in handy to you or someone you love someday.

Lawyers from the Opposing Side Will Dig into Your Personal and Online Life

 
If you’re ever injured and wish to file a personal injury lawsuit, you can be 100 percent certain that the opposing side’s lawyers will dig deeply into your life to see if they can find any evidence that you were in some way responsible for what happened. And their research is made far easier if you’re not careful about what you – or even your good friends – post on social media accounts. Basically, whatever is out there in the ether is fair game, and anything you post today could be used against you later in a court of law. To help prevent that from happening, here are some things you should always avoid having show up on your social media pages.

Avoid These Red Flags at All Cost

 
Marijuana Use. Michigan has legalized pot, which is highly evident as you drive up I-75 from Toledo and see countless billboards advertising retail weed operations at nearly every exit. However, we strongly advise you against ever depicting yourself online smoking a joint, hitting a bong, or even popping innocuous gummies. These types of images could be used to portray you in a less-than-trustworthy light and may call your sworn testimony into question in the minds of jurors. And remember that even though Michigan won’t charge you with a crime for weed possession, marijuana is still a Schedule 1 controlled substance under federal law, which means it’s viewed in the same category as heroin, LSD and other illegal drugs. Of course, if you have the desire to mellow out in the privacy of your own home, that’s your prerogative. But sharing it with the entire world online is just not a smart move.

Alcohol Consumption. Responsible drinking is also not a crime in Michigan. But personal injury case plaintiffs who depict themselves drinking at all on social media can create a perception in the minds of judges and juries that they might not be entirely responsible with their alcohol consumption habits. And if you’re viewed that way, your testimony could also be questioned. Likewise, social media posts can also be used to display defendants in court cases as unrepentant, as happened in this Michigan incident where a lawmaker convicted of drunk driving later attempted to use his internet postings to sell t-shirts quoting his drunken statements made during the police booking. Either way we think it’s best to avoid any alcohol-related social media postings. You never know what might come back to haunt you someday.

Physical and Recreational Activities. If your accident-related injuries have caused you debilitating pain, cost you the ability to work for pay, or made it impossible for you to deal with everyday personal care tasks, don’t post pictures on social media showing yourself enjoying a vacation to Las Vegas, having fun dancing, or spending time attending professional sporting events, as one Michigander foolishly did. Needless to say, his personal injury case came to an untimely end when the Michigan Court of Appeals determined he had committed fraud. Not surprisingly, after his postings were revealed, the court ruled in favor of the insurance company from which he had been attempting to scam Personal Injury Protection (PIP) benefits. This even includes pictures and videos from before you were injured. The confusion caused by posting yourself dunking a basketball, riding a jet ski, or running with your dog (which you actually filmed months before your crash) while you are recovering from knee or back injuries can mislead your insurance company into thinking you are lying to them about your actual injuries. A good attorney can likely explain this and resolve the issue, but it will add unnecessary stress (and likely time) to your case.

Weapons Possession. Do we really have to mention this one? Guess we do, since a not-so-smart Michigan man was arrested in March after posting threatening YouTube videos where he’s reported to have said he would use his cache of guns and ammo to kill law enforcement officers, assassinate Democrat politicians, and wipe out LGBTQIA+ individuals. The FBI alleges the suspect possessed four firearms illegally, since he had previously been committed to a mental institution and was a regular marijuana user. (Both of those conditions should disqualify him from legally acquiring weapons.) Along those same lines were these would-be criminals from western Michigan who foolishly displayed stolen weapons on a Facebook posting. They’re reported to be facing multiple felony counts according to the Oakland Press. While these examples don’t directly relate to personal injury situations, it’s easy to imagine someone accidentally injured by a weapon losing a case if it’s shown via social media postings that he or she had previously been careless when handling firearms. Why take that chance?

You Can Prevent Legal Sleuthing by Archiving Your Posts and Adjusting Your Privacy Settings

 
The best advice we can offer to all our potential clients is to be vigilant about anything that appears on your social media accounts. Avoid posting compromising photos or videos, making controversial statements online, or getting involved in situations that could be recorded and later used to depict you in a negative light. You can make things more difficult for opposing lawyers to find in a casual search by archiving old posts or upgrading your privacy restrictions. The credit reporting agency Experian offers a step-by-step nine-point guide to doing so here. You may also find this handy list of privacy settings published by the National Cybersecurity Alliance helpful when setting up who has access to your online presence, and how much they’re permitted to see.

Also remember that friends and acquaintances can tag you on their social media pages, so be careful what you do or how you appear whenever you’re in any situation where you can be captured on video. Basically, if you think and behave like a mature, law-abiding adult, you won’t leave yourself easily open to being negatively profiled by the opposing side in a court case. It’s just that simple.

And finally, take care who you befriend on the internet at any time, but especially if you’ve just filed a personal injury lawsuit. If you’ve ever seen the TV show Catfish, it should come as no surprise that people on the internet can try to pose as other individuals or manufacture false identities. Defendants in personal injury cases are not above posing as online friends or attempting to get you to reveal personal information under false pretenses that could be detrimental to your case, so safeguard yourself from scammers like this at all times whenever you’re online by not responding to unfamiliar friend requests.

Remember – Social Media Can Be Used on Both Sides of a Case

 
One more thing to know is that your case can also benefit from the social media research we undertake on behalf of our personal injury clients. Just as the opposing side will be checking your postings for potentially damaging information, we have dedicated researchers on staff who will scour the internet for details that can help prove our clients were injured by individuals who have a clear history of irresponsible driving, poor treatment of employees, failure to maintain safe working conditions, practicing medicine improperly, or exhibiting other forms of professional negligence.

We Can Help if Your Social Media Presence Is Problematic

 
To sum it all up, while we can’t do much about what you’ve already posted online about yourself (since almost anything published on the internet remains forever in the cloud), we can offer you help and advice on how to best deal with that material. We’ll also be happy to guide you regarding your internet presence going forward if we become your personal injury attorneys. The first step is yours. Call 855-MIKE-WINS (855-645-3946) or contact us online and simply ask us to be your law firm. Take that crucial step right away if you’re ever injured by someone whose reckless actions or negligent behavior are to blame for your pain. Like tens of thousands of other Michiganders, you’ll be glad to have us on your side.

Content checked by Mike Morse, personal injury attorney with Mike Morse Injury Law Firm. Mike Morse is the founder of Mike Morse Law Firm, the largest personal injury law firm in Michigan. Since being founded in 1995, Mike Morse Law Firm has grown to 150 employees, served 25,000 clients, and collected more than $1 billion for victims of auto, truck and motorcycle accidents. The main office is in Southfield, MI but you can also find us in Detroit, Sterling Heights and many other locations.