My son is currently on remand waiting trial. We have had a really tricky time over the last year learning about some of the things that he has been doing, but we want to make sure that we support him through the trial so that he can get a fair process. Having family on your side can help the prisoners to have an easier time at trial and can often help the lawyers to provide the strongest possible defence in court. This blog explains how family members can help to make sure that legal process goes smoothly and that the lawyers get all of the resources that they need.
Social media has made it possible for people to share almost every aspect of their lives with the public. If you are filing a personal injury claim, it is important to be mindful of the type of information that you share over the internet. Such information can be used strategically by the defense to harm your claim. Here are some of the ways in which social media can affect your personal injury claim, and measures that you can take to avoid its interference with the case.
Effects of social media on claims
Information that is shared on social media platforms can give the defense insight into one's personal life and provide a loophole to strengthen their defense. They can use social media posts, photos, and videos to demonstrate that the plaintiff wasn't injured as much as they try to make the court believe. For instance, photos that show the plaintiff enjoying fun moments before the injury can be interpreted out of context for the defense.
Posts detailing activities before or after an accident can be used to dismiss the plaintiff's word in court. For instance, one may claim to have been at home at a particular time. However, a social media post or photo indicating they were elsewhere can be used against them even if it did not refer to the day of the incident.
Once the defense lawyer obtains information from your social media accounts, there is little you can do to negate the damage that such information can cause to your case.
How to prevent social media interference
Here are the measures that you can take to ensure that social media does not interfere with your personal injury claim.
Use security features
Social media platforms have security features that allow you to limit the viewers of your posts. By limiting your posts to friends and family, you can prevent the defense from obtaining the information. However, note that if the defense makes a formal legal request to access such information, you will be obliged to provide it, and it can be used against your case.
Don't delete posts
You may instinctively feel the need to remove any posts that may be used by the defense to their advantage. However, doing so will be termed as destruction of evidence, and it may affect your case negatively. Avoid deleting any posts once the litigation has begun, regardless of how personal or embarrassing they are.
The best way to avoid social media interference in your personal injury claim is by remaining vigilant about the information that you post. Also of importance is discussing social media with your personal injury attorney. They can help you devise measures that will prevent the use of such information against your case without breaking the law.Share
2 November 2016