Welcome to this episode of Unshackled: Reclaim Your Life Podcast. Today, we're diving deep into a subject crucial for anyone involved in a personal injury case—how social media can impact your legal claim. We had the privilege of discussing this significant topic with two experts: Jay Schrecengost, our lead attorney, and Michele Feilmeier, our marketing director.
Jay Schrecengost brings years of legal expertise to the table, specifically in handling personal injury cases. He's seen firsthand how social media posts can make or break a case. Michele Feilmeier, our marketing director, provides a unique perspective from the social media realm, offering informed advice on maintaining privacy online.
The Importance of Being Cautious on Social Media
Jay began the discussion by highlighting how natural it feels to share life events online. In today's digital age, it's second nature to update friends and family about life changes, but this innocent act can jeopardize your legal standing in a personal injury case. Digital footprints are permanent, and what you type can and will be used against you in a court of law.
When you post about an accident or injury, you're creating a digital record that can be scrutinized by defense attorneys and insurance companies. They can spin your words to mean something completely unforeseen, often to your detriment.
Real-Life Examples from the Legal Field
Jay spoke about a medical malpractice case where the defense requested five years' worth of a client's social media posts. It was eye-opening and unsettling for the client to realize how their digital history could be used in court. Even Michele added her experience, stressing the importance of locking down privacy settings on every social media platform.
One remarkable story Jay shared involved a young cowboy who suffered severe injuries in a car accident. Social media worked in his favor by providing undeniable evidence of his active lifestyle before the accident. This compelling visual narrative helped solidify his claim and secure just compensation.
Dangers of Deleting Posts
Michele brought up an important point: even if you delete a post, someone might have taken a screenshot. Moreover, deleting content can sometimes be seen as tampering with evidence, which has serious legal repercussions. Jay supported this by discussing a DUI case where the defendant's tagged location on social media unraveled his defense, despite him not posting anything incriminating himself.
Best Practices and Tips
The podcast episode provided invaluable tips for those navigating a personal injury case:
• Privacy Settings: Ensure all your social media accounts have the strictest privacy settings.
• Content Review: Regularly review past posts and understand that even innocuous content can be used against you.
• Mindful Posting: If you must post, keep it positive and non-specific. Avoid discussing your accident, injury, or anything related to your case.
• Avoid Negativity: Refrain from bad-mouthing insurance companies or defendants online, even in what you think is a private setting.
GoFundMe and Crowdfunding Campaigns
Michele asked a thoughtful question about GoFundMe accounts. While these platforms are excellent for rallying support during tough times, transparency and honesty are crucial. Jay advised keeping records accurate and updating supporters truthfully about medical conditions and recovery progress. This transparency can serve as strong evidence if scrutinized in a legal context.
Conclusion
Navigating social media after an accident or injury can feel like tiptoeing through a minefield. While these platforms offer unprecedented ways to connect, they also pose significant risks for anyone involved in a legal case. Don't let a careless post jeopardize your chance for justice.
If you found these insights valuable, listen to the full episode of Unshackled: Reclaim Your Life Podcast. Join us as we explore more real-life examples, delve deeper into legal nuances, and equip you with the knowledge to protect your personal injury claim in this digital age.
Tune in to the episode and take the first step toward safeguarding your legal rights!
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