So Many Ways to Get Into Trouble
By Sandra Rohrstaff
It used to be that, aside from our fists, our mouths got us into more trouble than anything. When I was a kid, we were punished for “mouthing off.” Now, more and more, our fast-moving fingers on a keyboard are substituting for our mouths and getting us into all kinds of trouble.
Politicians, comedians, actors – all kinds of folks, well known and not – have posted comments on electronic media that get them criticized and ostracized – and fired. Yes, this is a free country where you can say anything you want and criticize your boss or your government or your mother. And, if you do it publically, you can face consequences.
I am a Virginia lawyer who represents individuals who have been hurt by someone else. My clients have been injured in car collisions, or operating rooms or day care centers or hotels. They have been hurt by people who have intentionally gotten behind the wheel of a car after drinking or have not done their job correctly. Unfortunately, though, my clients face hurdles after their injury that they do not think about.
They go to Facebook or Twitter and announce to the world every thought they have about what happened to them. Or, they go to Instagram and other social media sites and post ridiculous pictures of themselves and their friends, sometimes too personal for their own good. There really is nothing “wrong” about having an online social life. After all, it is called social media for a reason. However, if you are injured by someone else and choose to file a lawsuit, all those pictures and words you have put out there can come back to haunt you.
During the “discovery” phase of a lawsuit, when both sides are asking for information the other side has about what happened, you may be asked to, and most likely will have to, disclose the following kinds of information:
1. Every post you ever put onto a social media site – ever.
2. Every photograph you ever posted on any social media site – ever.
3. Photographs you have on your smartphone.
4. Text messages you have sent and received.
5. Your login and password for every electronic social media site you have ever had – ever.
6. Emails you may have exchanged with others that have anything to do with your injury or the litigation – ever.
Your lawyer should tell you not to destroy any of this information, even if you have not been asked for it. Destroying this type of information can destroy your case. However, your attorney may tell you to “deactivate” your sites so that you do not create any new e-trail.
And, you know what else this means? Information about your social media “friends” will also be disclosed in this process. Anyone who is connected to you on any electronic site is now up for grabs as the electronic snoopers can now go hunt them down.
You and your friends will have the same electronic “social disease.”
If you have been injured and are thinking about filing a lawsuit or making a claim for your losses, think about the consequences of your electronic media posts. And, just as important, be sure you talk to your lawyer about all this. And, beware of the lawyer who does not understand the importance of the discovery of electronic information in a lawsuit.