Divorce attorneys have been cautioning their clients for years to watch what they post on Facebook. Those posts are commonly used in court by the person’s ex to obtain a better settlement or even sole custody of the children. Now Facebook is being used in personal injury lawsuits as well. Just a few short months ago, the American Bar Association decided that lawyers can snoop on Facebook to view the publicly available social media posts of actual or proposed jurors, without it being unethical. By extension, if you have filed a personal injury lawsuit, the attorney and the insurance company on the opposing side may be snooping into your tweets and Facebook page for any “dirt” they may be able to use to deny your claim.
Restrictions on Snooping?
The only restriction to the practice which allows attorneys to snoop on jurors or opposing litigants is that they are not allowed to “friend,” “follow” or otherwise gain access to those they want to check out. As a juror, you may be shocked to find that attorneys can peruse your Facebook page in order to determine just how you might think about the case at hand. As a plaintiff in a personal injury case, you might be equally shocked to find that even innocent comments made by yourself or your friends on Facebook could be used against you in your lawsuit.
Defendants must only show, with some degree of credibility, that the plaintiff has posted information or photographs, which are relevant to the facts of the case. So, while “snooping” on the part of an attorney may sound suspicious, or even unethical to many of us, in fact it is perfectly legal and ethical. If you are the plaintiff in a personal injury suit, you must be cognizant of the fact that, when taken out of context, many things can reflect badly on you. These postings or photos can even determine whether you win your case and the amount of your award. Tighten your privacy settings, but in the end, don’t post anything—comments or photographs—which could potentially hurt your case.
It is also wise to ask friends and family members to avoid “tagging” you in pictures while you are going through a lawsuit. Even if you avoid posting pictures, if your friends tag you in some, they could hurt your case—without even realizing it. When in doubt about what to post or what not to post to Facebook while your case is ongoing, speak to your experienced Denver personal injury attorney. Your attorney may recommend that you take a long break from any form of social media.
Contact Colorado Springs Personal Injury Lawyers
If you or someone you love has been injured in an accident, it is important to know who you can trust. Contact the experienced Colorado Springs personal injury attorneys at the Green Law Firm today to schedule a no-obligation consultation and discuss your case. Call us today at 1-719-694-8515, or visit our website at www.greenlawfirmpc.com. Our Colorado Springs personal injury lawyers have the experience and resources necessary to win your case. Call us today!
