How Social Media Can Impact Your Personal Injury Case in Ohio

In today’s digital age, social media has become an integral part of our daily lives, offering platforms for sharing experiences, connecting with others, and expressing ourselves. However, what many may not realize is that the content we post on social media can have significant implications, especially when involved in a legal matter such as a personal injury case. In Ohio, where laws governing personal injury cases are nuanced, understanding the impact of social media is crucial for protecting one’s legal rights and interests.

The Power of Social Media

Social media platforms like Facebook, X, Instagram, and TikTok provide users with a virtual stage to document their lives, opinions, and activities. While these platforms offer opportunities for self-expression and connectivity, they also present risks, particularly in the context of a personal injury claim.

Defense attorneys and insurance companies often scour social media profiles for evidence that can undermine a plaintiff’s case. Seemingly innocuous posts, photos, or comments can be misconstrued or taken out of context to discredit the extent of injuries claimed or to question the credibility of the plaintiff’s account of the accident.

For example, a plaintiff seeking compensation for a back injury sustained in a car accident may undermine their case by posting photos of themselves engaging in physically demanding activities, such as lifting heavy objects or participating in sports. Even a simple status update about feeling “great” or “fine” could be used to argue that the plaintiff’s injuries are not as severe as claimed.

Understanding Ohio’s Comparative Negligence Law

In Ohio, personal injury cases are governed by the legal principle of comparative negligence, which means that compensation may be reduced if the plaintiff is found partially at fault for the accident. Social media content can play a pivotal role in establishing comparative negligence, as defense attorneys may use posts or photos to argue that the plaintiff’s own actions contributed to the accident or exacerbated their injuries.

For instance, if a plaintiff involved in a slip and fall accident shares photos of themselves consuming alcohol or participating in risky activities prior to the incident, the defense may argue that their actions were negligent and contributed to their injuries.

As Ohio follows a modified comparative negligence rule, plaintiffs may be barred from recovering compensation if they are found to be 51% or more at fault for the accident.

Protecting Your Legal Interests

Dos and Don’ts In light of the potential impact of social media on personal injury cases, it is essential for individuals involved in such legal proceedings to exercise caution and prudence when using social media platforms.

Here are some dos and don’ts to consider:

Dos:

Consult with your attorney: Before posting anything, consult with your attorney to understand what content may be relevant to your case and how to protect your legal interests.
Adjust privacy settings: Review and adjust your privacy settings to limit who can view your posts, photos, and personal information.
Think before you post: Pause and consider the potential implications of your social media activity on your case before sharing any content online.
Document communication: Keep records of any communication related to your case, including emails, messages, and social media interactions.

Don’ts:

Don’t discuss your case: Refrain from discussing details of your accident, injuries, or legal proceedings on social media, as anything you say can be used against you.
Don’t post incriminating content: Avoid posting photos or updates that could be misconstrued or used to discredit your claims of injury or damages.
Don’t accept friend requests from strangers: Be wary of friend requests or messages from unknown individuals, as they may have ulterior motives, such as gathering information for the defense.
Don’t delete or modify content: Resist the temptation to delete or modify existing social media content once litigation is underway, as doing so could be perceived as tampering with evidence.

In Ohio, the proliferation of social media has added a new layer of complexity to personal injury cases, posing both risks and opportunities for plaintiffs seeking compensation for their injuries. By understanding the potential impact of social media on their case and taking proactive measures to protect their legal interests, individuals can navigate the legal landscape with greater confidence and mitigate the risk of adverse outcomes.

Remember, in matters of law and social media, discretion is key to safeguarding your rights and maximizing your chances of a favorable resolution.

If you or someone you know has been in a car accident recently, schedule a free consultation and case evaluation with experienced personal injury lawyer, Brian Zaber with Zaber Law. Please call us at (216) 367-5665 or contact us online today. We look forward to providing you with customized legal advice and a reliable support system while you recover from your injuries.