What to Say (and Not Say) Online About Your Personal Injury Case

By now, we’ve all been cautioned to keep our personal details private when it comes to our online presence. Few people listen, but there are real risks when information about your life is posted on Facebook or detailed in emails to a friend. If you are involved in a personal injury lawsuit, things you say in writing online can be used against you.

The Other Side Can Obtain Copies of Your Electronic Communications

Despite your expectation of privacy when shooting a quick email or text, that writing is actually discoverable in a lawsuit, and if it contains information relevant to your lawsuit, it can provide meaningful information to the other side. Under both state and federal law (see FRCP 34(a)(1)(A)), personal emails may be allowed in as evidence if they meet certain standards and are not privileged, such as attorney-client communications. 

The judge and the jury can also be shown your social media. If, for example, you have been injured in an automobile accident and are claiming that you are having trouble walking and making monetary claims for emotional distress, avoid posting those pictures of your epic ski party weekend on Instagram.

Take Great Care With Any Written Online Statements

As difficult as it may seem, it is a good decision to suspend your social media presence during the pendency of your lawsuit. If you must put something in writing about your personal injury case or your injuries, consult your lawyer for advice beforehand. Otherwise, before you press “send,” think carefully before putting anything online that may contradict claims or facts that you have asserted in your personal injury action. When you send an email or text, speak about your case in general terms or avoid the subject altogether.

Follow the Advice of a Skilled Personal Injury Attorney

You shouldn’t have to figure out how to handle these issues on your own. Look for an attorney who has successfully represented many people in personal injury actions. Manfred Sternberg and the experienced lawyers at Manfred Law will expertly handle your personal injury case and protect you from making costly mistakes. Call (713) 547-5460, or click here to contact us and schedule your appointment.