If you are seeking a medical malpractice claim after incurring serious injuries and damages, one of the most important actions you can take is to avoid social media at all costs. Put simply, anything you post can be used against you in court. Read on to discover why you should decide against using social media during your legal proceedings and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C., can offer you additional advice.
Should I avoid social media during my medical malpractice claim?
When accusing a medical professional of medical malpractice, their legal team will do everything in their power to disprove this. One method they may utilize is your social media. This may be able to access your deleted posts and private messages, as well.
Though posting on your social media may appear harmless, below are examples of how they can hurt your case:
- You post photos and videos to inform your loved ones that you are “okay” after your accident: the defense team can argue that you are not as badly injured as you stated in your claim. Similarly, the defendant’s insurance company can minimize your payout or altogether deny your claim.
- You post photos and videos of you doing certain activities: if you post about yourself doing physical activities (i.e., dancing), the defense team can argue that you are not as badly injured as you stated in your claim. Or, if you post about your extracurricular activities (i.e., vacations), the defense team can argue that you are not experiencing a diminished quality of life as you stated in your claim.
- You post photos and videos of your accident before the investigation: the defense team can obtain confidential information that was supposed to be kept between you and your attorney. Or, the defense team can obtain evidence of you accidentally incriminating yourself.
Overall, your social media posts can be easily misconstrued and misrepresented. Even misinformation will be taken as factual. So, it is best to refrain from posting altogether.
What social media tips should I follow during my medical malpractice claim?
In addition to not posting on social media yourself, you should ask your family and friends to not post about you or with you, as well. This is because the defense team will also access their accounts to try to find any information that can be used in court.
You should also temporarily freeze any and all of your social media accounts. At the very least, you should set your accounts to private and not accept any new followers, even if you think you know them. And with this, you should not send private messages to anyone via social media, even if you think you know them.
Above all else, you must not proceed any further without legal representation from a competent New York City medical malpractice attorney. Reach out to us today.